The Texas Appraiser Licensing and Certification Board (TALCB) adopts new §157.1 and amendments to §§157.2, 157.4, and 157.6 - 157.8, concerning Rules Relating to Practice and Procedure, without changes to the proposed text as published in the March 12, 2010, issue of the Texas Register (35 TexReg 2122). The new section and amendments result from the Board's rule review process and reflect both substantive and non-substantive changes.

New §157.1 adopts by reference the definitions outlined in 22 TAC §153.1.

The amendment to §157.2 is non-substantive and replaces "insure" with "ensure."

The amendments to §157.4 clarify that, throughout the chapter, time periods relating to mailing should be calculated with the addition of three days for mailing time.

The amendments to §157.6 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 amendments to §157.7 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 amendments to §157.8 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.

The reasoned justification for the sections as adopted is greater clarity and consistency in TALCB's licensing and enforcement processes.

No comments were received regarding the sectons as proposed.

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

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