Texas Register

TITLE 22 EXAMINING BOARDS
PART 8TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD
CHAPTER 153RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT
RULE §153.37Offenses with Criminal, Civil, and Administrative Penalties
ISSUE 08/24/2007
ACTION Final/Adopted
Preamble Texas Admin Code Rule

(a)A person not licensed or certified under the Act commits a Class A misdemeanor if the person engages in real estate appraisal, appraisal practice, or any appraisal related activity for which a certificate or license is required.

(b)A person not licensed or certified under the Act who engages in real estate appraisal, appraisal practice, or any appraisal related activity for which a certificate or license is required is liable for civil penalties of not less than the amount of the consideration received or more than three times the amount of the consideration received.

(c)A person not licensed or certified under the Act who engages in real estate appraisal, appraisal practice, or any appraisal related activity for which a certificate or license is required is liable for administrative penalties as set by the board.

(d)A person not licensed or certified under the Act commits a Class B misdemeanor if the person knowingly or intentionally uses any title, designation, initials, or other insignia or identification that would mislead the public as to the person's credentials, qualifications, competency, or ability to perform certified or licensed appraiser services.

(e)A person commits a Class B misdemeanor if the person knowingly or intentionally furnishes false information in connection with an affidavit filed pursuant to §153.15(e) of this title (relating to Experience Required for Certification or Licensing).

(f)The board's attorney, in matters determined to involve criminal conduct may refer a complaint to the appropriate state or federal law enforcement agency or prosecutorial authority for criminal investigation and prosecution. Regardless of whether a referral is made for investigation and prosecution, the matter shall be fully and appropriately investigated by the board's investigators and after completing such an investigation appropriate disciplinary action shall be taken by the board.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 8, 2007

TRD-200703443

Troy Beaulieu

Attorney

Texas Appraiser Licensing and Certification Board

Effective date: August 28, 2007

Proposal publication date: March 30, 2007

For further information, please call: (512) 465-3959



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