(a)The board may suspend or revoke a license, certification, authorization or registration issued under provisions of this Act or deny issuing a license, certification, authorization or registration to an applicant at any time when it has been determined that the person applying for or holding the license, certification, authorization, or registration: (1) - (13)(No change.) (14)has had a final civil judgment [judgement ] entered against him or her on any one of the following grounds: (A) - (C)(No change.) (15)has failed to make good on a payment [ check] issued to the board within thirty days after the board has mailed a request for payment by certified mail to the licensee's last known business address as reflected by the board's records; (16)has knowingly or willfully [wilfully] engaged in false or misleading conduct or advertising with respect to client solicitation; (17) - (23) (No change.) (b) - (c)(No change.) (d)A person applying for reinstatement after revocation or surrender of a license or certification must comply with all requirements that would apply if the license or certification had instead expired. (e)[(d)] The provisions of this section do not relieve a person from civil liability or from criminal prosecution under the Act or under the laws of this State. (f)[(e)] The board may not investigate under this section a complaint submitted either more than two years after the date of discovery or more than two years after the completion of any litigation involving the incident, whichever event occurs later, involving the state licensed real estate appraiser, provisional licensed appraiser, state certified real estate appraiser, or appraiser trainee who is the subject of the complaint. (g)[(f)] Except as provided by Tex. Gov. Code §402.031(b) and Tex. Penal Code §32.32(d), there shall be no undercover or covert investigations conducted by authority of the Act. (h)[(g)] All board members, officers, directors, and employees of this agency shall be held harmless with respect to any disclosures made to the board in connection with any complaints filed with the board. (i)[(h)] A license, certification, authorization or registration may be revoked or suspended by the Attorney General or other court of competent jurisdiction for failure to pay child support under provisions of Chapter 232 of the Texas Family Code. (j)[(i)] A certified or licensed appraiser who files a complaint against another certified or licensed appraiser that the board determines to be frivolous is liable for a civil penalty. At the request of the board, the attorney general or a district or county attorney may institute a civil action in district court to collect a penalty under this subsection. A civil penalty under this subsection may not be less than $500 or more than $10,000. A civil penalty recovered in a suit instituted under this subsection shall be deposited in the state treasury to the credit of the general revenue fund.
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 February 25, 2009
TRD-200900846 Devon V. Bijansky
Counsel
Texas Appraiser Licensing and Certification Board
Earliest possible date of adoption: April 12, 2009
For further information, please call: (512) 465-3900
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