The Texas Appraiser Licensing and Certification Board adopts amendments to §157.15, Decision, and §157.18, Motions for Rehearing; Finality of Decisions and new rules §157.16, Exceptions and Replies, and §157.17, Final Decisions and Orders, without changes to the proposed text as published in the August 31, 2007, issue of the Texas Register (32 TexReg 5628) and they will not be republished.

No written comments were received regarding adoption of the amendments.

The adopted amendments to §157.15, Decision, add language so that the board's rules relating to the contested case hearing process will conform to legislative changes made in contested case hearings procedure and process under SB 914, 80th Legislature Regular Session, which amended Texas Occupations Code, Chapter 1103. Those legislative amendments 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. The amendments implement the legislatively mandated changes.

New §157.16, Exceptions and Replies, adds language so that the board's rules relating to the contested case hearing process will conform to the recent legislative changes made in contested case hearings procedure and process under SB 914, 80th Legislature Regular Session, which amended Texas Occupations Code, Chapter 1103. Those legislative amendments 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. The new rule implements the legislatively mandated changes.

New §157.17, Final Decisions and Orders, adds language so that the board's rules relating to the contested case hearing process will conform to legislative changes made in contested case hearings procedure and process under SB 914, 80th Legislature Regular Session, which amended Texas Occupations Code, Chapter 1103. Those legislative amendments 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. The new rule implements the legislatively mandated changes.

The adopted amendments to §157.18, Motions for Rehearing; Finality of Decisions, add language so that the board's rules relating to the contested case hearings process will conform to legislative changes made in contested case hearing procedure and process under SB 914, 80th Legislature Regular Session, which amended Texas Occupations Code, Chapter 1103. Those legislative amendments 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. The amendments implement the legislatively mandated changes.

The new rules and amendments are adopted under the Texas Appraiser Licensing and Certification Act, Subchapter D, Board Powers and Duties (Occupations Code, Chapter 1103), which grants the board 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.