The Texas Appraiser Licensing and Certification Board (board) proposes amendments to §157.11, relating to contested cases. The proposed amendments are being made so that the board's rules relating to the contested case hearing process will conform to the recent legislative changes made in contested case hearing procedure and process under S.B. 914 which amended Texas Occupations Code, Chapter 1103. The thrust of those legislative amendments was to require contested case hearings to be held before the State Office of Administrative Hearings instead of following the prior practice of utilizing an in-house administrative law judge. Thus, the proposed amendments incorporate the legislatively mandated changes. An additional proposed amendment to §157.11 replaces an outdated statutory reference with the correct statutory reference. Except for the amendments which make changes to outdated statutory language, all of the proposed amendments will be adopted on an emergency basis simultaneously in this issue of the Texas Register.

Troy Beaulieu, attorney for the Texas Appraiser Licensing and Certification Board, has determined that, for the first five-year period the amended sections as proposed are in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the rules.

Mr. Beaulieu also has determined that, for each year of the first five years the proposed amendments are in effect, the anticipated public benefit as a result of these amendment are that contested case hearings will now be heard by an administrative law judge with the State Office of Administrative Hearings instead of an in-house administrative law judge. This will provide additional assurance to the public that important factual determinations in contested case hearings are made by a totally independent, outside arbiter. There will be no effect on small businesses. There is no anticipated cost to persons who are required to comply with the section as proposed.

Comments on the proposed amendments may be submitted to Troy Beaulieu, attorney for the Texas Appraiser Licensing and Certification Board, P.O. Box 12188, Austin, Texas 78711-2188.

The amendments are proposed under the Texas Appraiser Licensing and Certification Act, Subchapter D, Board Powers and Duties (Occupations Code, Chapter 1103), which provides the board with authority to adopt rules under §1103.151, Rules Relating to Certification and Licenses;, §1103.154, Rules Relating to Professional Conduct; and §1103.508, Subchapter K, Contested Hearings.

No other code, article, or statute is affected by this proposal.