(a)A respondent may meet with the Board for an investigative discussion of the facts and circumstances of the alleged violations. (b)A respondent may, but is not required to, have an attorney or other advocate present at an investigative conference. (c)A respondent will be provided with a list of topics that may be discussed [the investigative report] and a Statement of Investigative Conference Procedures and Rights (IC Form) not later than three (3) days prior to the date of the investigative conference. The respondent and respondent's attorney, if any, must acknowledge receipt of the IC Form by signing it and delivering it to the Board at the beginning of the investigative conference. (d)At its sole discretion, the Board may provide a copy of the investigative report to the respondent or respondent's attorney for the purpose of advancing case settlement or resolution. (e)[(d)] Participation in an investigative conference is not mandatory and may be terminated at any time by either party. (f) [(e)] At the conclusion of the investigative conference, the Board staff may propose a settlement offer that can include administrative penalties and any other disciplinary action authorized by the Act or recommend that the complaint be dismissed. (g) [(f)] The respondent may accept, reject, or make a counter offer to the proposed settlement not later than ten (10) days following the date of the investigative conference. (h) [(g)] If the parties cannot reach a settlement not later than ten (10) days following the date of the investigative conference, the matter will be referred to the Director of Standards and Enforcement Services to pursue appropriate action.
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 September 8, 2014
TRD-201404275 Kristen Worman
General Counsel
Texas Appraiser Licensing and Certification Board
Earliest possible date of adoption: October 19, 2014
For further information, please call: (512) 936-3652
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