The Texas Appraiser Licensing and Certification Board (TALCB) adopts new §153.24, Complaint Processing, to replace the current §153.24 being repealed elsewhere in this issue. The new section is being adopted with a change to the proposed text as published in the January 1, 2010, issue of the Texas Register (35 TexReg 25). The Board omitted the last sentence of proposed paragraph (10), which stated that agreed resolutions of enforcement matters could become effective prior to being submitted for approval at a future meeting. Additionally, non-substantive grammatical and formatting changes have been made. The revisions to the rule as adopted do not change the nature or scope so much that it could be deemed a different rule. The rule as adopted does not affect individuals other than those contemplated by the rule as proposed. The rule as adopted does not impose more onerous requirements than the proposed version and does not materially alter the issues raised in the proposed rule.

The new §153.24 modifies the complaint processing provisions to better reflect the practices of the Board's Standards and Enforcement Division, increases the recommended penalties for violations of the Texas Appraiser Licensing and Certification Act and Board rules, and provides for investigation of certain complaints by peer investigative committees.

The reasoned justification for the new rule is greater efficiency through a streamlined complaint processing system and a more robust peer investigative committee program.

No comments were received regarding the proposed new section.

The section is adopted under the Texas Appraiser Licensing and Certification Act, Subchapter D, Board Powers and Duties (Texas Occupations Code, Chapter 1103), which provides the Board with authority to adopt rules under §1103.151, Rules Relating to Certificates and Licenses, and §1103.154, Rules Relating to Professional Conduct.

The statute affected by this adoption is Texas Occupations Code, Chapter 1103. No other statute, code, or article is affected by the new section.