(a)Denial of a License.
(1)If the Board denies a certification,
license, trainee approval, or registration, the Board shall promptly
give written notice of denial to the applicant. If the
applicant is supervised [sponsored] by another
license holder, the Board shall send a copy of the notice of denial
to the supervisory appraiser [sponsor].
(2)The notice of denial shall include:
(A)a statement of the Board's action;
(B)a summary of the facts and laws on which the action
is based;
(C)a statement of the right of the person to request
a hearing; and
(D)the following language in capital letters in boldface
type: IF YOU FAIL TO REQUEST A HEARING IN WRITING WITHIN 30 DAYS,
THIS DETERMINATION WILL BECOME FINAL.
(3)If a person fails to request a
hearing in writing within 30 days of receiving the notice, the Board's
determination will become final.
(b)Adverse Action Against a License
Holder.
(1)If the Board proposes to take adverse action against
a license holder, former license holder, or registrant, the Board
shall promptly give written notice to the person against whom the
action is proposed to be taken. If an appraiser trainee is the respondent,
the Board shall send a copy of the notice to the supervisory appraiser.
(2)The notice of adverse action shall include:
(A)a summary of the facts and laws on which the proposed
action is based;
(B)a statement of the action proposed by the Board,
including the proposed sanction and/or the amount of any administrative
penalties; and
(C)a statement of the right of the person to a hearing.
[(b)The notice shall include:]
[(1)a statement of the Board's action;]
[(2)a summary of the facts and laws on which the action
is based;]
[(3)a statement of the right of the person to request
a hearing; and]
[(4)the following language in capital letters in boldface
type: IF YOU FAIL TO REQUEST A HEARING IN WRITING WITHIN 30 DAYS,
THIS DETERMINATION WILL BECOME FINAL.]
(c)A license holder who has agreed in writing
to suspension or revocation for failure to comply with the terms of
a consent order, consent agreement, or agreed order in connection
with an application or a previous disciplinary matter is deemed to
have had notice and an opportunity for a hearing in a subsequent action
resulting from failure to comply with an administrative requirement
of probation, such as payment of a fee or completion of coursework. [
If a person fails to request a hearing in writing within 30 days of
receiving the notice, the Board's determination will become final.]
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-201503199 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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