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 §153.24Processing a Complaint
ISSUE 09/11/2009
ACTION Proposed
Preamble Texas Admin Code Rule
(a) - (b)(No change.)

(c)The Board or the commissioner may delegate to Board staff the duty to dismiss complaints under the Act and these rules. [If the Board's staff concludes, after completion of the written investigative report provided for in Tex. Occ. Code §1103.455, that the complaint is outside the jurisdiction of the board or is without merit, the Board's staff may recommend to the commissioner that the investigation be closed and that the complaint be dismissed. If the commissioner concurs with the recommendation, the complainant will be so notified and the investigation will be closed. The Board's staff shall write a dismissal explanation for the dismissed complaint and close the file.]

(d) - (g)(No change.)

(h)In determining the proper disposition of a complaint, staff shall follow the following guideline:

Figure: 22 TAC §153.24(h) (No change.)

  (1) - (2)(No change.)

  (3)If, after a review of the file and completion of any investigation deemed necessary, the staff concludes that disciplinary action is not appropriate, the commissioner or a designee of the Board or the commissioner may dismiss the complaint. [no regulatory purposes would be served by further action, it shall recommend to the Board that the complaint be dismissed without further action.]

 (i) - (m)(No change.)

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 August 31, 2009

TRD-200903855

Devon V. Bijansky

Counsel

Texas Appraiser Licensing and Certification Board

Earliest possible date of adoption: October 11, 2009

For further information, please call: (512) 465-3900

 

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