(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 before [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)The Board will provide a copy
of the investigative report to the respondent and respondent's representative(s),
if any, not later than three days before the date of the investigative
conference if respondent and respondent's representative(s), if any:
(1)Submit a written request for a copy of the investigative
report not later than five days before the date of the investigative
conference; and
(2)Sign the Board's confidentiality agreement prohibiting
the re-release of the investigative report without written permission
of the Board or a court order.
[(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 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 August 18, 2015
TRD-201503203 Kristen Worman
General Counsel
Texas Appraiser Licensing and Certification Board
Earliest possible date of adoption: October 4, 2015
For further information, please call: (512) 936-3652
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