[(a)A person not licensed or certified under the Act commits a Class A misdemeanor if the person engages in real estate appraisal, appraisal practice, or any appraisal related activity for which a certificate or license is required.] [(b)A person not licensed or certified under the Act who engages in real estate appraisal, appraisal practice, or any appraisal related activity for which a certificate or license is required is liable for civil penalties of not less than the amount of the consideration received or more than three times the amount of the consideration received.] [(c)A person not licensed or certified under the Act who engages in real estate appraisal, appraisal practice, or any appraisal related activity for which a certificate or license is required is liable for administrative penalties as set by the board.] [(d)A person not licensed or certified under the Act commits a Class B misdemeanor if the person knowingly or intentionally uses any title, designation, initials, or other insignia or identification that would mislead the public as to the person's credentials, qualifications, competency, or ability to perform certified or licensed appraiser services.] [(e)A person commits a Class B misdemeanor if the person knowingly or intentionally furnishes false information in connection with an affidavit filed pursuant to §153.15(e) of this title (relating to Experience Required for Certification or Licensing).] [(f)]Matters that are referred to the appropriate state or federal law enforcement agency for criminal investigation and prosecution [The board's attorney, in matters determined to involve criminal conduct may refer a complaint to the appropriate state or federal law enforcement agency or prosecutorial authority for criminal investigation and prosecution. Regardless of whether a referral is made for investigation and prosecution, the matter] shall also be fully and appropriately investigated by the board's investigators, and the board shall take [after completing such an investigation] appropriate disciplinary action [shall be taken by the board].
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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