(viii)Minimum of $2,500 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.
(H)3rd Time Discipline Level 2--violations of the
AMC Act, Board rules, or USPAP which evidence serious deficiencies
will result in a final order which imposes one or more of the following:
(i)A period of suspension;
(ii)A revocation;
(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 §1104.2081[§1104.208(a)(3)
] must be signed by:
(1)The Board Chair or if the Board Chair is unavailable
or must recuse him or herself, the Board Chair's designee, whom shall
be (in priority order) the Board Vice Chair, the Board Secretary,
or another Board member;
(2)Respondent;
(3)A representative of the TALCB [Standards
and Enforcement Services] Division; and
(4)The Commissioner or his or her designee.
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 19, 2022
TRD-202203144 Kathleen Santos
General Counsel
Texas Appraiser Licensing and Certification Board
Earliest possible date of adoption: October 2, 2022
For further information, please call: (512) 936-3652
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