(a) - (b)(No change.) (c)Renewal of Licenses or Certification for Servicemen on Active Duty. (1)(No change.) (2)Appraiser continuing education requirements as set out in §153.18 of this title, that would have been imposed for a timely renewal shall be deferred under this section for a period of up to 180 days [ to the next renewal of a license or certification]. (d)(No change.) (e)Identity Theft. (1)For purposes of this subsection "identity theft" shall mean any of the following activities occurring in connection with the rendition of real estate appraisal services: (A)Unlawfully obtaining, possessing, transferring or using a certification, license, authorization or registration issued by the board; (B)Unlawfully obtaining, possessing, transferring or using a person's electronic or handwritten signature. (2)A person holding a certification, license, authorization or registration issued by the board shall implement and maintain reasonable procedures to protect and safeguard themselves from identity theft. (3)A person holding a certification, license, authorization or registration shall notify the board if they are the victim of identity theft within ninety (90) days of discovering such theft. Notice shall be effectuated by filing a signed, written complaint on a form prescribed by the board. (4)The board may invalidate a current certification, license, authorization or registration and issue a new one to a person the board determines is a victim of identity theft. Any person seeking the invalidation of a current certification, license, authorization or registration and issuance of a new one shall: (A)submit a written, signed request for the invalidation of a current certification, license, authorization or registration and issuance of a new one. The basis for the request must be because the person is a victim of identity theft and shall be made on a form prescribed by the board; and (B)have the burden to submit evidence that the board determines is credible which demonstrates they are the victim of identity theft; Without limiting the type of evidence a person may submit to the board, a court order issued in accordance with Texas Business and Commerce Code §48.202, declaring that the person is a victim of identity theft shall constitute credible evidence. Any such court order must relate to identity theft as defined in this subsection. (5)Engaging in identity theft, constitutes a violation of §§153.20(a)(4), (18) and (20) of this title and in addition to any action taken by the board, persons engaging in identity theft may also be referred to the appropriate law enforcement agency for criminal prosecution.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be
within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on September 18, 2006
TRD-200605169 Wayne Thorburn
Commissioner
Texas Appraiser Licensing and Certification Board
Earliest possible date of adoption: October 29, 2006
For further information, please call: (512) 465-3959
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