(a)The Board may suspend or revoke a license [ registration] issued under provisions of the AMC [this ] Act, or deny issuing a license [registration ] to an applicant, [at] any time [when] it is [has been] determined that the person applying for or holding the license or the AMC's primary contact [ registration]: (1)disregards or violates a provision of the AMC Act or Board rules [of the Rules of the Texas Appraiser Licensing and Certification Board]; (2)is convicted of a felony; (3)fails to notify the Board not later than the 30th day after the date of the final conviction if the person, in a court of this or another state or in a federal court, has been convicted of or entered a plea of guilty or nolo contendere to a felony or a criminal offense involving fraud or moral turpitude; (4)fails to notify the Board not later than the 30th day after the date of incarceration if the person, in this or another state, has been incarcerated for a criminal offense involving fraud or moral turpitude; (5)fails to notify the Board not later than the 30th day after the date disciplinary action becomes final against the person with regard to any occupational license the person holds in Texas or any other jurisdiction; (6)fails to comply with the USPAP edition [ Uniform Standards of Professional Appraisal Practice (USPAP)] in effect at the time of the appraisal or appraisal practice; (7)acts or holds [himself or herself or] any [other] person out as a registered AMC [appraisal management company] under the AMC Act or another state's act when not so licensed or certified; (8)accepts payment for appraisal management services but fails to deliver the agreed service in the agreed upon manner; (9)refuses to refund payment received for appraisal management services when he or she has failed to deliver the appraiser service in the agreed upon manner; (10)accepts payment for services contingent upon a minimum, maximum, or pre-agreed value estimate; (11)offers to perform appraisal management services or agrees to perform such services when employment to perform such services is contingent upon a minimum, maximum, or pre-agreed value estimate; (12)makes a material misrepresentation or omission of material fact; (13)has had a registration as an AMC [appraisal management company] revoked, suspended, or otherwise acted against by any other jurisdiction for an act which is an offense under Texas law; (14)procures a registration pursuant to the AMC Act by making false, misleading, or fraudulent representation; (15)has had a final civil judgment entered against him or her on any one of the following grounds: (A)fraud; (B)intentional or knowing misrepresentation; or (C)grossly negligent misrepresentation in the making of real estate appraiser services; (16)fails to make good on a payment issued to the Board within 30 days after the Board has mailed a request for payment by certified mail to the license holder's [registrant's] primary contact as reflected in [by] the Board's records; (17)knowingly or willfully engages in false or misleading conduct or advertising with respect to client solicitation; [(18)acts or holds himself or any other person out as a registered appraisal management company under this or another state's Act when not so licensed or certified;] (18) [(19)] uses any title, designation, initial or other insignia or identification that would mislead the public as to that person's credentials, qualifications, competency, or ability to provide appraisal management services; (19) [(20)] fails to comply with a final order of the Board; or (20) [(21)] fails to answer all inquiries concerning matters under the jurisdiction of the Board within 20 days of notice to said person's or primary contact's [ individual's] address of record, or within the time period allowed if granted a written extension by the Board. (b)The Board has discretion in determining the appropriate penalty for any violation under subsection (a) of this section. (c)The Board may probate a penalty or sanction, and may impose conditions of the probation, including, but not limited to: (1)the type and scope of appraisal management practice; (2)requirements for additional education by the AMC's [appraisal management company's] controlling persons; (3)monetary administrative penalties; and (4)requirements for reporting appraisal management activity to the Board. (d)A person applying for reinstatement after revocation or surrender of a registration must comply with all requirements that would apply if the registration [license or certification ] had instead expired. (e)The provisions of this section do not relieve a person from civil liability or from criminal prosecution under the AMC Act or under the laws of this State. (f)The Board may not investigate under this section a complaint submitted either more than two years after the date of discovery or more than two years after the completion of any litigation involving the incident, whichever event occurs later, involving the AMC [appraisal management company] that is the subject of the complaint. (g)Except as provided by Texas Government Code §402.031(b) and Texas Penal Code §32.32(d), there will [shall] be no undercover or covert investigations conducted by authority of the AMC Act. [(h)All Board members, officers, directors, and employees of this agency shall be held harmless with respect to any disclosures made to the Board in connection with any complaints filed with the Board.]
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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