(a)If the Board proposes to take adverse action against a licensee or former licensee, the board shall promptly give written notice to the person against whom the action is proposed to be taken. [A license issued by the board may not be suspended or revoked except after notice and opportunity for hearing pursuant to statutory obligation and these sections.] If an appraiser trainee is the respondent, the Board shall send a copy of the notice to the sponsor. [the board will also notify the trainee's sponsoring appraiser(s) of the hearing. The hearing shall be held at a time and place designated by the board.] (b)The notice shall include: (1)a summary of the facts and laws on which the proposed action is based; (2)a statement of the action proposed by the Board, including the proposed sanction and/or the amount of any administrative penalties; and (3)a statement of the right of the person to a hearing. (c)A licensee who has agreed in writing to suspension or revocation for failure to comply with the terms of a consent order, consent agreement, or agreed order in connection with an application or a previous disciplinary matter is deemed to have had notice and an opportunity for a hearing in a subsequent action resulting from failure to comply with an administrative requirement of the order or agreement, such as payment of a fee or completion of coursework.
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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