(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.
(c)The Board members serving on the Peer Investigative
Committee shall serve on the committee on a rotating basis.
(d)During complaint intake, the TALCB Director or
his or her designee shall assign a TALCB Investigator to investigate
(e)Complaints in which adverse action or 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
(f)No more than 7 days following the investigator's
completion of an 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 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 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 adoption and found it to be a valid exercise of the agency's
Filed with the Office
of the Secretary of State on August 19, 2022
Texas Appraiser Licensing and Certification Board
Effective date: September 8, 2022
Proposal publication date: May 20, 2022
For further information, please call: (512) 936-3652