(a)AMCs, persons who own more than 10% of an AMC,
and individuals who act as the primary contact for an AMC must be
honest, trustworthy, and reliable. Accordingly, such persons must
satisfy the Board of their honesty, integrity, and trustworthiness
before a registration may be issued or renewed.
(b)The board deems the following felonies and misdemeanors
directly related to the field of appraisal management and suggestive
of a lack of the requisite moral character:
(1)offenses involving fraud or misrepresentation;
(2)offenses against real or personal property belonging
to another, if committed knowingly or intentionally;
(3)offenses against public administration;
(4)offenses involving the sale or other disposition
of real or personal property belonging to another without authorization
of law;
(5)offenses involving moral turpitude; and
(6)offenses of attempting or conspiring to commit
any of the foregoing offenses.
(c)In determining whether a criminal offense by an
applicant, the primary contact, or an owner of more than 10% of the
AMC prevents the issuance of a registration, the Board will consider
the following factors:
(1)the nature and seriousness of the crime;
(2)the relationship of the crime to the purposes for
requiring a registration to provide appraisal management services;
(3)the extent to which a registration might offer
an opportunity to engage in further criminal activity of the same
type as that which the person had previously been involved; and
(4)the relationship of the crime to the ability, capacity,
or fitness required to be involved, directly or indirectly, in performing
the duties and discharge the responsibilities of AMC.
(d)In determining the present fitness of a person
who has committed an offense under this section, the Board will consider
the following evidence:
(1)the extent and nature of the person's past criminal
activity;
(2)the age of the person at the time of the commission
of the crime;
(3)the amount of time that has elapsed since the person's
last criminal activity;
(4)the conduct and work activity of the person prior
to and following the criminal activity;
(5)evidence of the person's rehabilitation or rehabilitative
effort while incarcerated or following release; and
(6)other evidence of the person's present fitness
including letters of recommendation from prosecution, law enforcement,
and correctional officers who prosecuted, arrested, or had custodial
responsibility for the person; the sheriff and chief of police in
the community where the person resides; and any other persons in contact
with the person.
(e)A person is presumed to lack the requisite moral
character if less than two years has elapsed since the offense was
committed.
(f)An applicant is presumed to be unfit to perform
appraisal management services if the person has violated the appraiser
independence standards of Section 129E of the Truth in Lending Act
(15 U.S.C. §1601 et seq.). This presumption may be rebutted by
credible evidence to the contrary.
(g)It is the responsibility of the applicant to the
extent possible to secure and provide the Board the recommendations
of the prosecution, law enforcement, and correctional authorities,
as well as evidence, in the form required by the Board, relating to
whether the applicant has maintained a record of steady employment,
has maintained a record of good conduct, and is current on the payment
of any outstanding court costs, supervision fees, fines, and restitution.
(h)A currently incarcerated individual does not possess
the required good moral character.
(i)The primary contact and each owner of more than
10% of the AMC must consent in writing to a criminal history background
check at the time the company submits an application.
(j)An application for renewal that is proposed to
be denied by Standards and Enforcement Services Division staff may
be reviewed and reconsidered by the Commissioner if the applicant
submits a written request for reconsideration within ten days of notice
of the proposed denial. The right to request reconsideration is distinct
from, and in addition to, an applicant's right to appeal a proposed
denial before SOAH.
The agency certifies that legal counsel has reviewed
the adoption and found it to be a valid exercise of the agency's legal
authority.
Filed with the Office
of the Secretary of State on November 24, 2014
TRD-201405675 Kristen Worman
General Counsel
Texas Appraiser Licensing and Certification Board
Effective date: December 14, 2014
Proposal publication date: September 19, 2014
For further information, please call: (512) 936-3652
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