[(a)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
sponsor.]
[(b)The notice shall include:]
[(1)a summary of the facts and laws on which the proposed
action is based;]
[(2)a statement of the action proposed by the Board,
including the proposed sanction and/or the amount of any administrative
penalties; and]
[(3)a statement of the right of the person to a hearing.]
[(c)A license holder or registrant
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.]
[(d)] The Board will consider a modification
of an existing agreed or consent order at its next scheduled Board
meeting if the license holder or registrant:
(1)is currently in compliance with the existing order;
and
(2)submits a written request that sets out the specific
modification requested and the reason for the modification to the
Board's general counsel on or before the 14th day prior to a scheduled
Board meeting. Submission of a request for modification of an agreed
or consent order to the Board does not relieve the license holder
or registrant of compliance obligations under the existing order.
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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