Texas Register

TITLE 22 EXAMINING BOARDS
PART 8TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD
CHAPTER 159RULES RELATING TO THE PROVISIONS OF THE TEXAS APPRAISAL MANAGEMENT COMPANY REGISTRATION AND REGULATION ACT
RULE §159.1Definitions
ISSUE 09/02/2011
ACTION Proposed
Preamble Texas Admin Code Rule

(a)AMC--Appraisal management company.

(b)Administrative law judge--A judge employed by the State Office of Administrative Hearings (SOAH).

(c)Applicant--A person seeking to become registered under Chapter 1104, Texas Occupations Code.

(d)Appraisal firm--An entity that employs appraisers on an exclusive basis and receives compensation for performing appraisals and issuing appraisal reports in its own name.

(e)Appraiser contact--A person designated by an AMC pursuant to §1104.103(b)(6) of the Texas Appraisal Management Company Registration and Regulation Act to respond to and communicate with appraisers on the company's appraisal panel regarding appraisal assignments.

(f)Commissioner--The commissioner of the Texas Appraiser Licensing and Certification Board.

(g)Contested case--A proceeding in which the legal rights, duties, or privileges of a party are to be determined by the Board after an opportunity for an adjudicative hearing. A matter that is completed without being referred to SOAH is not a contested. case.

(h)Day--A calendar day unless clearly indicated otherwise.

(i)Licensee--A person registered by the board under the Texas Appraisal Management Company Registration and Regulation Act.

(j)Party--The Board and each person named or admitted as a party.

(k)Person--Any individual, partnership, corporation, or legal entity.

(l)Pleading--A written document, submitted by a party or a person seeking to participate in a case as a party, that requests procedural or substantive relief, alleges facts, makes a legal argument, or otherwise addresses matters involved in the case.

(m)Primary contact--A person who meets the definition of "controlling person" in §1104.003 of the Texas Appraisal Management Company Registration and Regulation Act and is designated by an AMC pursuant to §1104.104 of the Act as the primary contact for all communication between the board and the company.

(n)Registrant--A person registered as an appraisal management company by the Board under the Texas Appraisal Management Company Registration and Regulation Act.

(o)Respondent--Any person subject to the jurisdiction of the Board, registered or unregistered, against whom any complaint has been made.

(p)Rule--Any Board statement of general applicability that implements, interprets, or prescribes law or policy, or describes the procedure or practice requirements of the Board and is filed with the Texas Register.

(q)SOAH--State Office of Administrative Hearings.

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 22, 2011

TRD-201103388

Devon V. Bijansky

General Counsel

Texas Appraiser Licensing and Certification Board

Earliest possible date of adoption: October 2, 2011

For further information, please call: (512) 936-3652



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