The Texas Appraiser Licensing and Certification Board (TALCB) proposes new §157.1 and amendments to §§157.2, 157.4, and 157.6 - 157.8, Rules Relating to Practice and Procedure. The proposed new rule and amendments result from the Board's rule review process and reflect both substantive and non-substantive changes. Proposed new §157.1 would adopt by reference the definitions outlined in 22 TAC §153.1. The proposed amendment to §157.2 is non-substantive and would replace "insure" with "ensure." The proposed amendment to §157.4 would clarify that, throughout the chapter, time periods relating to mailing should be calculated with the addition of three days for mailing time. The proposed amendments to §157.6 would clarify that advisory opinions issued under this section must be requested in writing and may only be given in accordance with the Texas Open Meetings Act (Chapter 551, Texas Government Code). The proposed amendments to §157.7 would outline the notice to be given by the Board when it proposes to deny a license or issue an adverse criminal history evaluation letter. The proposed amendments to §157.8 would outline the notice to be given by the Board when it proposes to take adverse action against a licensee and also clarify that a licensee may waive the opportunity for a hearing in a subsequent matter by agreeing in writing to suspension or revocation for failure to comply with the terms of an agreed order in connection with an application or a previous disciplinary matter.

Devon V. Bijansky, Counsel, has determined that for the first five-year period the proposed new rule and rule amendments are in effect, there will be no fiscal implications for the state or for units of local government as a result of enforcing or administering the rule proposals. There is no anticipated impact on local or state employment as a result of implementing the proposals. There is no anticipated impact on small businesses or micro-businesses as a result of implementing the proposals. There is no anticipated economic cost to persons who are required to comply with the new rule and rule amendments.

Ms. Bijansky has also determined that the anticipated public benefit as a result of these rule proposals is greater clarity and consistency in TALCB's licensing and enforcement processes.

Comments on the rule proposals may be submitted to Devon V. Bijansky, General Counsel, P.O. Box 12188, Austin, Texas 78711-2188.

The new rule and rule amendments are proposed under the Texas Occupations Code, §1103.151, Rules Relating to Certificates and Licenses.

The statute affected by this proposal is Texas Occupations Code, Chapter 1103. No other statute, code, or article is affected by the proposed new rule and rule amendments.