Texas Register

TITLE 22 EXAMINING BOARDS
PART 8TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD
CHAPTER 159RULES RELATING TO THE PROVISIONS OF THE TEXAS APPRAISAL MANAGEMENT COMPANY REGISTRATION AND REGULATION ACT
RULE §159.204Complaint Processing
ISSUE 09/02/2022
ACTION Proposed
Preamble Texas Admin Code Rule

      (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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