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(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 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)Participation in an investigative conference is
not mandatory and may be terminated at any time by either party.
(f)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)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)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 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-201405632 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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