(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
(1)an Appraiser Board Member;
(2)a Board Member who is a licensed or certified appraiser;
(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]
(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
Texas Appraiser Licensing and Certification Board
Earliest possible date of adoption: June 19, 2022
For further information, please call: (512) 936-3652