(a)The Board may take disciplinary action [
suspend or revoke a license] or deny issuing a license to an
applicant at any time the Board determines that the applicant or license
holder:
(1)disregards or violates a provision of the Act or
the Board rules;
(2)is convicted of a felony;
(3)fails to notify the Board not later than the 30th
day after the date of the final conviction if the person, in a court
of this or another state or in a federal court, has been convicted
of or entered a plea of guilty or nolo contendere to a felony or a
criminal offense involving fraud or moral turpitude;
(4)fails to notify the Board not later than the 30th
day after the date of incarceration if the person, in this or another
state, has been incarcerated for a criminal offense involving fraud
or moral turpitude;
(5)fails to notify the Board not later than the 30th
day after the date disciplinary action becomes final against the person
with regard to any occupational license the person holds in Texas
or any other jurisdiction;
(6)fails to comply with the USPAP edition in effect
at the time of the appraiser service;
(7)acts or holds himself or herself or any other person
out as a person licensed under the Act or by another jurisdiction when
not so licensed;
(8)accepts payment for appraiser services but fails
to deliver the agreed service in the agreed upon manner;
(9)refuses to refund payment received for appraiser
services when he or she has failed to deliver the appraiser service
in the agreed upon manner;
(10)accepts payment for services contingent upon a
minimum, maximum, or pre-agreed value estimate except when such action
would not interfere with the appraiser's obligation to provide an
independent and impartial opinion of value and full disclosure of
the contingency is made in writing to the client;
(11)offers to perform appraiser services or agrees
to perform such services when employment to perform such services
is contingent upon a minimum, maximum, or pre-agreed value estimate
except when such action would not interfere with the appraiser's obligation
to provide an independent and impartial opinion of value and full
disclosure of the contingency is made in writing to the client;
(12)makes a material misrepresentation or omission
of material fact;
(13)has had a license as an appraiser revoked, suspended,
or otherwise acted against by any other jurisdiction for an act which
is a crime under Texas law;
(14)procures, or attempts to procure, a license by
making false, misleading, or fraudulent representation;
(15)fails to actively, personally, and diligently
supervise an appraiser trainee or any person not licensed under the
Act who assists the license holder in performing real estate appraiser
services;
(16)has had a final civil judgment entered against
him or her on any one of the following grounds:
(A)fraud;
(B)intentional or knowing misrepresentation;
(C)grossly negligent misrepresentation in the performance
of appraiser services;
(17)fails to make good on a payment issued to the
Board within thirty days after the Board has mailed a request for
payment by certified mail to the license holder's last known business
address as reflected by the Board's records;
(18)knowingly or willfully engages in false or misleading
conduct or advertising with respect to client solicitation;
[(19)acts or holds himself
or any other person out as a person licensed under this or another
state's Act when not so licensed;]
19[(20)] misuses or misrepresents
the type of classification or category of license number;
20[(21)] engages in any other
act relating to the business of appraising that the Board, in its
discretion, believes warrants a suspension or revocation;
21[(22)] uses any title, designation,
initial or other insignia or identification that would mislead the
public as to that person's credentials, qualifications, competency,
or ability to perform licensed appraisal services;
22[(23)] fails to comply with
an agreed order or a final order of the Board;
23[(24)] fails to answer all
inquiries concerning matters under the jurisdiction of the Board within
20 days of notice to said individual's address of record, or within
the time period allowed if granted a written extension by the Board;
or
24[(25)] after conducting reasonable
due diligence, knowingly accepts an assignment from an appraisal management
company that is not exempt from registration under the Act which:
(A)has not registered with the Board; or
(B)is registered with the Board but has not placed
the appraiser on its panel of appraisers maintained with the Board;
or
25[(26)] fails to approve, sign,
and deliver to their appraiser trainee the appraisal experience log
and affidavit required by §153.15(f)(1) and §153.17(c)(1)
of this title for all experience actually and lawfully acquired by
the trainee while under the appraiser's sponsorship.
(b)The Board has discretion in determining the appropriate
penalty for any violation under subsection (a) of this section.
(c)The Board may probate a penalty or sanction, and
may impose conditions of the probation, including, but not limited
to:
(1)the type and scope of appraisals or appraisal practice;
(2)the number of appraiser trainees or authority to
sponsor appraiser trainees;
(3)requirements for additional education;
(4)monetary administrative penalties; and
(5)requirements for reporting real property appraisal
activity to the Board.
(d)A person applying for a license after the Board
has revoked or accepted the surrender in lieu of disciplinary action
of a license previously held by that person must comply with all current
license requirements. Such persons may not apply to reinstate a previously
held license as provided in §153.16 of this title.
(e)The provisions of this section do not relieve a
person from civil liability or from criminal prosecution under the
Act or other laws of this State.
(f)The Board may not investigate a complaint submitted
to the Board more than four years after the date on which the alleged
violation occurred.
(g)Except as provided by Texas Government Code §402.031(b)
and Texas Penal Code §32.32(d), there shall be no undercover
or covert investigations conducted by authority of the Act.
(h)A license may be revoked or suspended by the Attorney
General or other court of competent jurisdiction for failure to pay
child support under the provisions of Chapter 232 of the Texas Family
Code.
(i)If the Board determines that issuance of a probationary
license is appropriate, the order entered by the Board with regard
to the application must set forth the terms and conditions for the
probationary license. Terms and conditions for a probationary license
may include any of the following:
(1)that the probationary license holder comply with
the Act and with the rules of the Texas Appraiser Licensing and Certification
Board;
(2)that the probationary license holder fully cooperate
with the TALCB Division [enforcement division]
of the Board in the investigation of any complaint filed against the
license holder or any other complaint in which the license holder
may have relevant information;
(3)that the probationary license holder attend a prescribed
number of classroom hours in specific areas of study during the probationary
period;
(4)that the probationary license holder limit appraisal
practice as prescribed in the order;
(5)that the probationary license holder work under
the direct supervision of a certified general or certified residential
appraiser who will review and sign each appraisal report completed;
(6)that the probationary license holder report regularly
to the Board on any matter which is the basis of the probationary
license; or
(7)that the probationary license holder comply with
any other terms and conditions contained in the order which have been
found to be reasonable and appropriate by the Board after due consideration
of the circumstances involved in the particular application.
(j)Unless the order granting a probationary license
specifies otherwise, a probationary license holder may renew the license
after the probationary period by filing a renewal application, satisfying
applicable renewal requirements, and paying the prescribed renewal
fee.
(k)If a probationary license expires prior to the
completion of a probationary term and the probationary license holder
files a late renewal application, any remaining probationary period
shall be reinstated effective as of the day following the renewal
of the probationary license.
The agency certifies that legal counsel has
reviewed the proposal and found it to be within the state agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on May 6, 2022
TRD-202201807 Kathleen Santos
General Counsel
Texas Appraiser Licensing and Certification Board
Earliest possible date of adoption: June 19, 2022
For further information, please call: (512) 936-3652
|
