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 §153.20Guidelines for Revocation, Suspension, or Denial of Licensure or Certification
ISSUE 09/24/2010
ACTION Proposed
Preamble Texas Admin Code Rule

(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)disregards or violates a provision of the Act or of the Rules of the Texas Appraiser Licensing and Certification Board;

   (2)is convicted of a felony;

   (3)fails to notify the board not later than the 30th day after the date of the final conviction if the person, in a court of this or another state or in a federal court, has been convicted of or entered a plea of guilty or nolo contendere to a felony or a criminal offense involving fraud or moral turpitude;

   (4)fails to notify the board not later than the 30th day after the date of incarceration if the person, in this or another state, has been incarcerated for a criminal offense involving fraud or moral turpitude;

   (5)fails to notify the board not later than the 30th day after the date disciplinary action becomes final against the person with regard to any occupational license the person holds in Texas or any other jurisdiction;

   [(1)has been convicted of a felony;]

   [(2)has disregarded or violated a provision of the Act or of the Rules of the Texas Appraiser Licensing and Certification Board;]

  (6)[(3)] fails [has failed] to comply with the Uniform Standards of Professional Appraisal Practice (USPAP) in effect at the time of the appraisal or appraisal practice;

  (7)[(4)] acts or holds [ has acted or held] himself or herself or any other person out as a licensed or certified real estate appraiser under the Act when not so licensed or certified;

  (8)[(5)] accepts [has accepted] payment for appraiser services but fails [ and has failed] to deliver the agreed service in the agreed upon manner;

  (9)[(6)] refuses [has refused] to refund payment received for appraiser services when he or she has failed to deliver the appraiser service in the agreed upon manner;

  (10)[(7)] accepts [ has accepted] payment for services contingent upon a minimum, maximum, or pre-agreed value estimate except when such action would not interfere with the appraiser's obligation to provide an independent and impartial opinion of value and full disclosure of the contingency is made;

  (11)[(8)] offers [has offered] to perform appraiser services or agrees [has agreed] to perform such services when employment to perform such services is contingent upon a minimum, maximum, or pre-agreed value estimate except when such action would not interfere with the appraiser's obligation to provide an independent and impartial opinion of value and full disclosure of the contingency is made;

  (12)[(9)] makes [has made] a material misrepresentation or omission of material fact;

  (13)[(10)] has had a license or certification as an appraiser revoked, suspended, or otherwise acted against by any other jurisdiction for an act which is an offense under Texas law;

   [(11)is confined in any county jail, post adjudication; is confined in any state or federal prison or mental institution; or through mental disease or deterioration, can no longer safely be entrusted to deal with the public or in a confidential capacity;]

  (14)[(12)] procures [ has procured] a license, certification, authorization, approval, or registration pursuant to the Act by making false, misleading, or fraudulent representation;

  (15)[(13)] fails [has failed] to actively, personally, and diligently supervise an appraiser trainee under his or her sponsorship or any person not licensed or certified under the Act who assists the licensee or certificate holder in performing real estate appraiser services;

  (16)[(14)] has had a final civil judgment entered against him or her on any one of the following grounds:

    (A)fraud;

    (B)intentional or knowing misrepresentation;

    (C)grossly negligent misrepresentation in the making of real estate appraiser services;

  (17)[(15)] fails [has failed] to make good on a payment 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;

  (18)[(16)] [has] knowingly or willfully engages [engaged] in false or misleading conduct or advertising with respect to client solicitation;

  (19)[(17)] acts or holds [ has acted or held] himself or any other person out as a licensed or certified real estate appraiser under this or another state's Act when not so licensed or certified;

  (20)[(18)] misuses or misrepresents [has misused or misrepresented] the type of classification or category of licensure, certification, approval, or registration, or the license, certification, approval, or registration number;

  (21)[(19)] engages [ has engaged] in any other act relating to the business or appraising that the board, in its discretion, believes warrants a suspension or revocation;

  (22)[(20)] uses [has used] any title, designation, initial or other insignia or identification that would mislead the public as to that person's credentials, qualifications, competency, or ability to perform certified or licensed appraisal services;

  (23)[(21)] fails [has failed] to comply with a final order of the board; or

   (24)fails to answer all inquiries concerning matters under the jurisdiction of the board within 20 days of notice to said individual's address of record, or within the time period allowed if granted a written extension by the board.

   [(22)has failed to notify the board not later than the 30th day after the date of the final conviction of the person, in a court of this or another state or in a federal court, has been convicted of or entered a plea of guilty or nolo contendere to a felony or a criminal offense involving fraud or moral turpitude; and]

   [(23)has failed to notify the board not later than the 30th day after the date of incarceration if the person, in this or another state, has been incarcerated for a criminal offense involving fraud or moral turpitude.]

(b)The board has discretion in determining the appropriate penalty for any violation under subsection (a) of this section.

(c)The board may probate a penalty or sanction, and may impose conditions of the probation, including, but not limited to:

   (1)the type and scope of appraisals or appraisal practice;

   (2)the number of appraiser trainees or authority to sponsor appraiser trainees;

   (3)requirements for additional education;

   (4)monetary administrative penalties; and

   (5)requirements for reporting real property appraisal activity to the board.

(d) - (j)(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 September 8, 2010

TRD-201005224

Devon V. Bijansky

General Counsel

Texas Appraiser Licensing and Certification Board

Earliest possible date of adoption: October 24, 2010

For further information, please call: (512) 465-3938



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