(a)The Board may take disciplinary action or deny
issuing a license to an applicant at any time the Board determines
that the applicant or license holder:
(1)disregards or violates a provision of the Act or
the Board rules;
(2)is convicted of a felony;
(3)fails to notify the Board not later than the 30th
day after the date of the final conviction if the person, in a court
of this or another state or in a federal court, has been convicted
of or entered a plea of guilty or nolo contendere to a felony or a
criminal offense involving fraud or moral turpitude;
(4)fails to notify the Board not later than the 30th
day after the date of incarceration if the person, in this or another
state, has been incarcerated for a criminal offense involving fraud
or moral turpitude;
(5)fails to notify the Board not later than the 30th
day after the date disciplinary action becomes final against the person
with regard to any occupational license the person holds in Texas
or any other jurisdiction;
(6)fails to comply with the USPAP edition in effect
at the time of the appraiser service;
(7)acts or holds himself or herself or any other person
out as a person licensed under the Act or by another jurisdiction
when not so licensed;
(8)accepts payment for appraiser services but fails
to deliver the agreed service in the agreed upon manner;
(9)refuses to refund payment received for appraiser
services when he or she has failed to deliver the appraiser service
in the agreed upon manner;
(10)accepts payment for services contingent upon a
minimum, maximum, or pre-agreed value estimate except when such action
would not interfere with the appraiser's obligation to provide an
independent and impartial opinion of value and full disclosure of
the contingency is made in writing to the client;
(11)offers to perform appraiser services or agrees
to perform such services when employment to perform such services
is contingent upon a minimum, maximum, or pre-agreed value estimate
except when such action would not interfere with the appraiser's obligation
to provide an independent and impartial opinion of value and full
disclosure of the contingency is made in writing to the client;
(12)makes a material misrepresentation or omission
of material fact;
(13)has had a license as an appraiser revoked, suspended,
or otherwise acted against by any other jurisdiction for an act which
is a crime under Texas law;
(14)procures, or attempts to procure, a license by
making false, misleading, or fraudulent representation;
(15)fails to actively, personally, and diligently
supervise an appraiser trainee or any person not licensed under the
Act who assists the license holder in performing real estate appraiser
services;
(16)has had a final civil judgment entered against
him or her on any one of the following grounds:
(A)fraud;
(B)intentional or knowing misrepresentation;
(C)grossly negligent misrepresentation in the performance
of appraiser services;
(17)fails to make good on a payment issued to the
Board within thirty days after the Board has mailed a request for
payment by certified mail to the license holder's last known business
address as reflected by the Board's records;
(18)knowingly or willfully engages in false or misleading
conduct or advertising with respect to client solicitation;
(19)misuses or misrepresents the type of classification
or category of license number;
(20)engages in any other act relating to the business
of appraising that the Board, in its discretion, believes warrants
a suspension or revocation;
(21)uses any title, designation, initial or other
insignia or identification that would mislead the public as to that
person's credentials, qualifications, competency, or ability to perform
licensed appraisal services;
(22)fails to comply with an agreed order or a final
order of the Board;
(23)fails to answer all inquiries concerning matters
under the jurisdiction of the Board within 20 days of notice to said
individual's address of record, or within the time period allowed
if granted a written extension by the Board; or
(24)after conducting reasonable due diligence, knowingly
accepts an assignment from an appraisal management company that is
not exempt from registration under the Act which:
(A)has not registered with the Board; or
(B)is registered with the Board but has not placed
the appraiser on its panel of appraisers maintained with the Board;
or
(25)fails to approve, sign, and deliver to their appraiser
trainee the appraisal experience log and certification [affidavit
] required by §153.15[§153.15(f)(1)
and §153.17(c)(1)] of this title for all experience actually
and lawfully acquired by the trainee while under the appraiser's sponsorship.
(b) - (k)(No change.)
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 21, 2023
TRD-202303061 Kathleen Santos
General Counsel
Texas Appraiser Licensing and Certification Board
Earliest possible date of adoption: October 1, 2023
For further information, please call: (512) 936-3652
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