The Texas Appraiser Licensing and Certification Board (TALCB) adopts an amendment to §157.17 regarding Final Decisions and Orders with changes to the proposed text as published in the May 23, 2008, issue of the Texas Register (33 TexReg 4075).

At adoption, a non-substantive change was made by adding subsection (d) in order to clarify that, consistent with Texas Occupations Code §1103.458(d), a Board member who participates in negotiating a consent order is not disqualified from participating in the adjudication of a contested case that results from the negotiation.

The amendments require Board members to recuse themselves from all participation in any matters about which a real or perceived conflict of interest exists.

The reasoned justification for the amendments is to allow Board members serving on a Peer Investigative Committee pursuant to Texas Occupations Code §1103.453 to participate in the investigation of files assigned to the Committee without violating Texas Government Code §2001.061 regarding ex parte communications, thereby enhancing the efficiency of the Board's complaint review processes. While this has been the longstanding Board practice, the public will also be assured of impartial decision-making by the Board because the rules will reflect that members will not participate in decision-making regarding issues about which they have a conflict of interest.

No comments were received regarding the amendments as proposed.

The amendments are adopted under the Texas Occupations Code §1103.154, which authorizes the Texas Appraiser Licensing and Certification Board to adopt rules relating to professional conduct.