(iii)Remedial measures;
(iv)Required adoption and implementation of written,
preventative policies or procedures;
(v)A probationary period with provisions for monitoring
the AMC;
(vi)Monitoring and/or preapproval of AMC panel removals
for a specified period of time;
(vii)Monitoring and/or preapproval of the licensed
activities of the AMC for a specified time period or until specified
conditions are satisfied;
(viii)Minimum of $4,000 in administrative penalties
per act or omission which constitutes a violation(s) of the AMC Act,
Board rules, or USPAP; each day of a continuing violation is a separate
violation.
(I)3rd Time Discipline Level 3--violations of the
AMC Act, Board rules, or USPAP which evidence serious deficiencies
and were done with knowledge, deliberately, willfully, or with gross
negligence will result in a final order which imposes one or more
of the following:
(i)A revocation; and
(ii)Minimum of $7,000 in administrative penalties
per act or omission which constitutes a violation(s) of USPAP, Board
Rules, or the Act; each day of a continuing violation is a separate
violation.
(J)4th Time Discipline--violations of the AMC Act,
Board rules or USPAP will result in a final order which imposes the
following:
(i)A revocation; and
(ii)$10,000 in administrative penalties per act or
omission which constitutes a violation(s) of the AMC Act, Board rules,
or USPAP; each day of a continuing violation is a separate violation.
(K)Unlicensed AMC activity will result in a final
order which imposes a $10,000 in administrative penalties per unlicensed
AMC activity; each day of a continuing violation is a separate violation.
(4)In addition, staff may recommend any or all of
the following:
(A)Reducing or increasing the recommended sanction
or administrative penalty for a complaint based on documented factors
that support the deviation, including but not limited to those factors
articulated under paragraph (2) of this subsection;
(B)Probating all or a portion of any remedial measure,
sanction, or administrative penalty for a period not to exceed three
years;
(C)Requiring additional reporting requirements;
(D)Payment of costs expended by the Board associated
with the investigation, and if applicable, a contested case, including
legal fees and administrative costs; and
(E)Such other recommendations, with documented support,
as will achieve the purposes of the AMC Act, Board rules, or USPAP.
(n)The Board may order a person regulated by the Board
to refund the amount paid by a consumer to the person for a service
regulated by the Board.
(o)Agreed resolutions of complaint matters pursuant
to Texas Occupations Code §1104.208(a)(3) must be signed by:
(1)The Board Chair;
(2)Respondent;
(3)A representative of the Standards and Enforcement
Services Division; and
(4)The Commissioner.
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 18, 2019
TRD-201904345 Kristen Worman
General Counsel
Texas Appraiser Licensing and Certification
Board
Effective date: December 8, 2019
Proposal publication date: September 27, 2019
For further information, please call: (512) 936-3652
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