The Texas Appraiser Licensing and Certification Board (TALCB) adopts amendments to §153.24, regarding Processing a Complaint, with changes to the proposed text as published in the January 18, 2008, issue of the Texas Register (33 TexReg 474).

The changes to the adopted text that were not in the proposed text consist of two references in §153.24(i) to a fourteen-day deadline for respondents to submit a written response to a complaint; these deadlines were increased to twenty days. This change keeps the amendments consistent with current TALCB practice of allowing twenty days to submit a written response. The revisions to the rules as adopted do not change the nature or scope so much that they could be deemed different rules. The rules as adopted do not affect individuals other than those contemplated by the rules as proposed. The rules as adopted do not impose more onerous requirements than the proposed versions and do not materially alter the issues raised in the proposed rules. Changes in the adopted rules reflect nonsubstantive variations from the proposed rules to improve consistency with current agency practices and to facilitate compliance.

Section 153.24 as adopted establishes procedures for the receipt and tracking of complaints; provides procedures for reviewing and investigating complaints; requires respondents to submit written responses to complaints and to comply with other investigative measures; outlines procedures for reviewing the results of an investigation; and sets forth possible outcomes and penalty ranges based on the circumstances of each complaint case.

The board received no comments during the notice and comment period regarding adoption of the amendment.

The reasoned justification for the amendments is that both consumers and respondents will have a clearly articulated and well defined outline of the processes that occur upon the filing of a complaint with this agency, as well as the disciplinary consequences associated with different types of violations. The amendments will also increase consistency in complaint processing procedures.

The amendments are adopted under Texas Occupations Code §1103.151, Rules Relating to Certification and Licenses, and §1103.154, Rules Relating to Professional Conduct, which authorize the TALCB to adopt rules to facilitate the board's complaint processes and ensure compliance with the provisions of the Texas Appraiser Licensing and Certification Act.