(a)If the board proposes to deny [ denies] a certification or license or issue an adverse criminal history evaluation letter [to an applicant under the Act], the board [immediately] shall promptly give written notice [of the denial] to the applicant. If the applicant is or intends to be sponsored by another licensee, the board shall send a copy of the notice to the sponsor or intended sponsor. [Notice and hearings relating to denial of a license issued by the board shall be governed by the Act and by Texas Government Code Annotated, §§2001.001, et seq. In the case of an application for approval as an appraiser trainee the board shall also notify a sponsoring certified appraiser of the denial, but a sponsoring appraiser is not required to request a hearing or to be named or admitted as a party in the proceeding before the board. A hearing pursuant to this section shall be held at a place designated by the State Office of Administrative Hearings and presided over by an administrative law judge from the State Office of Administrative Hearings who shall conduct the hearing and issue a proposal for decision. Failure to request a hearing within 30 days of the written notice of denial waives judicial appeal, and the board determination becomes final and unappealable. ] (b)The notice shall include: (1)a statement of the proposed action; (2)a summary of the facts and laws on which the proposed action is based; (3)a statement of the right of the person to a hearing; and (4)the following language in capital letters in boldface type: IF YOU FAIL TO REQUEST A HEARING IN WRITING WITHIN 30 DAYS, THIS PROPOSED DETERMINATION WILL BECOME FINAL. (c)If a person fails to request a hearing in writing within 30 days of receiving the notice, the board's determination will become final.
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 23, 2010
TRD-201000904 Devon V. Bijansky
General Counsel
Texas Appraiser Licensing and Certification Board
Earliest possible date of adoption: April 11, 2010
For further information, please call: (512) 465-3938
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