Texas Register

RULE §153.28Peer Investigative Committee Review
ISSUE 05/20/2022
ACTION Proposed
Preamble Texas Admin Code Rule

(a)The Board Chair, with the advice and consent of the Executive Committee, may appoint a Peer Investigative Committee pool at least every two years.

(b)A panel of the Peer Investigative Committee shall consist of:

  (1)an Appraiser Board Member;

  (2)a Board Member who is a licensed or certified appraiser; and

  (3)a TALCB Investigator [or a Peer Investigator. A Peer Investigator shall work in conjunction with a TALCB Investigator to ensure consistency in form, investigatory standards, and any other assistance as needed].

(c)The Board members serving on the Peer Investigative Committee shall serve on the committee on a rotating [quarterly] basis.

(d)During complaint intake, the TALCB [Enforcement ] Director or his or her designee shall assign a TALCB Investigator [or Peer Investigator working in conjunction with a TALCB Investigator] to investigate the complaint.

(e)Complaints in which adverse action or [ ,including] contingent dismissals[,] is recommended by an investigator are subject to review by the Peer Investigative Committee. Complaints that result in dismissals, defaults, or warning letters are not subject to review by the Peer Investigative Committee.

(f)No more than 7 days following the investigator's completion of an investigative report [Investigative Report], the investigator shall provide his or her findings, including the investigative report and the complaint file, to the Board members of the Peer Investigative Committee. The investigative report must include:

  (1)a statement of facts;

  (2)the investigator's recommendations; and

  (3)the position or defense of the respondent.

(g)Board members of the Peer Investigative Committee, Investigators, and staff may elect to confer in person, via e-mail, or video conference prior to the Board members' determination.

(h)The Board delegates its authority to receive the written findings or determination of the Peer Investigative Committee to the Commissioner.

(i)No more than five business days after the review of the investigator's findings, the Board members of Committee shall render a determination agreeing or disagreeing with the investigator's finding of alleged violations and submit a copy of their determination to the Commissioner or his or her designee on behalf of the Board. The determination shall serve as a recommendation to the TALCB [Enforcement ] Division as to whether to pursue adverse action against a respondent. A copy of the Board members' determination shall be included in the complaint file. The Board Chair may request statistical data related to the investigator's recommendations, Board members' determination, and adverse action pursued by the [Enforcement] Division.

(j)Board members who participate in the Peer Investigative Committee Review of a complaint are disqualified from participating in any future adjudication of the same complaint.

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


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

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