(a)If the Board [board] proposes to take adverse action against a license holder [licensee ], former license holder [licensee], or registrant, the Board [board] shall promptly give written notice to the person against whom the action is proposed to be taken. If an appraiser trainee is the respondent, the Board [ board] shall send a copy of the notice to the sponsor. (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 [ 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 license holder [licensee] or registrant 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 probation, such as payment of a fee or completion of coursework. (d)The Board [board] will consider a modification of an existing agreed or consent order at its next scheduled Board [board] meeting if the license holder [licensee] or registrant: (1)is currently in compliance with the existing order; and (2)submits a written request that sets out the specific modification requested and the reason for the modification to the Board's [board's] general counsel on or before the 14th day prior to a scheduled Board [board] meeting. Submission of a request for modification of an agreed or consent order to the Board [board] does not relieve the license holder [licensee] or registrant of compliance obligations under the existing order.
The agency certifies that legal counsel has
reviewed the proposal and found it to be within the state agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on March 5, 2014
TRD-201401011 Kristen Worman
General Counsel
Texas Appraiser Licensing and Certification Board
Earliest possible date of adoption: April 13, 2014
For further information, please call: (512) 936-3652
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