(a)AMC--Appraisal management company. (b)AMC Act--Chapter 1104, Texas Occupations Code, Texas Appraisal Management Company Registration and Regulation Act. (c)[(b)] Administrative law judge--A judge employed by the State Office of Administrative Hearings (SOAH). (d) [(c)] Advertising--a written or oral statement or communication by or on behalf of an AMC [ 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. (e) [(d)] Applicant--A person seeking to become registered under the AMC Act [Chapter 1104 of the Texas Occupations Code]. (f) [(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. (g) [(f)] Appraiser contact--A person designated by an AMC pursuant to §1104.103(b)(6) of the AMC [Texas Appraisal Management Company Registration and Regulation] Act to respond to and communicate with appraisers on the AMC's [company's] appraisal panel regarding appraisal assignments. (h)Board--The Texas Appraiser Licensing and Certification Board. (i) [(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.] (j) [(i)] Day--A calendar day unless clearly indicated otherwise. (k)License--The whole or a part of any Board permit, certificate, approval, registration or similar form of permission required by Chapter 1103 or 1104, Texas Occupations Code. (l)License holder--A person licensed or registered by the Board under the AMC Act. (m) [(j)] Party--The Board and each person named or admitted as a party. (n) [(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.] (o) [(m)] Primary contact--A person who meets the definition of "controlling person" in §1104.003 of the AMC [the Texas Appraisal Management Company Registration and Regulation] Act and is designated by an AMC pursuant to §1104.104 of the AMC Act as the primary contact for all communication between the Board [board] and the AMC [company]. [(n)Registrant--A person registered as an appraisal management company by the Board under the Texas Appraisal Management Company Registration and Regulation Act.] (p)[(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. (r)USPAP--Uniform Standards of Professional Appraisal Practice.
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-201404276 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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