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(a)Board Action. The proposal for decision may be acted upon by the Board after the expiration of 60 days after the date of service of the proposal for decision. Parties shall be notified either personally or by mail of any decision or order. On written request, a copy of the decision or order shall be delivered or mailed to any party and to the respondent's attorney of record. (b)Imminent Peril. If the Board finds that an imminent peril to the public health, safety, or welfare requires immediate effect on a final decision or order in a contested case, it shall recite the finding in the decision or order as well as the fact that the decision or order is final and effective on the date rendered, in which event the decision or order is final and appealable on the date rendered, and no motion for rehearing is required as a prerequisite for appeal. (c)Conflict of Interest. A Board member shall recuse himself or herself from all deliberations and votes regarding any matter: (1)the Board member reviewed as a member of a Peer Investigative Committee; (2)involving persons or transactions about which the Board member has a conflict of interest; (3)involving persons or transactions related to the Board member sufficiently closely as to create the appearance of a conflict of interest. (d)A Board member's participation in the negotiation of a consent order under Texas Occupations Code, §1103.458, does not require recusal under subsection (c) of this section.
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 July 1, 2008
TRD-200803415 Devon V. Bijansky
Assistant General Counsel
Texas Appraiser Licensing and Certification Board
Effective
date: July 21, 2008
Proposal publication date: May 23, 2008
For further information, please call: (512) 465-3900
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