(a)AMC--Appraisal management company. (b)Administrative law judge--A judge employed by the State Office of Administrative Hearings (SOAH). (c)Advertising--a written or oral statement or communication by or on behalf of an appraisal management company that induces or attempts to induce a member of the public to use the services of the AMC, including but not limited to all publications, radio or television broadcasts, all electronic media including email, text messages, social networking websites, and the Internet, business stationery, business cards, signs and billboards (d)Applicant--A person seeking to become registered under Chapter 1104, Texas Occupations Code. (e)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. (f)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. (g)Commissioner--The commissioner of the Texas Appraiser Licensing and Certification Board. (h)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. (i)Day--A calendar day unless clearly indicated otherwise. (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 adoption
has been reviewed by legal counsel and found to be a valid exercise
of the agency's legal authority.
Filed with the Office
of the Secretary of State on October 14, 2011
TRD-201104367 Devon V. Bijansky
General
Counsel
Texas Appraiser Licensing and Certification Board
Effective date: November 3, 2011
Proposal publication date: September 2, 2011
For further information, please call: (512) 936-3652
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