The Texas Appraiser Licensing and Certification Board (board) proposes an amendment to §157.17, concerning Final Decisions and Orders. The amendment is proposed to clarify that while the board welcomes State Office of Administrative Hearings judge recommendations regarding sanctions, the board has the authority and responsibility to impose disciplinary sanctions against appraisers, appraiser trainees and appraisal management companies. The amendment also delineates the procedures for remand and oral arguments; the standards required when the board may change a finding of fact, conclusion of law or recommendation in a proposal for decision; and sets out the requirements for final orders.

Kerri T. Galvin, General Counsel, has determined that for the first five-year period the proposed amendment is 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 section. There is no anticipated significant impact on small businesses, micro-businesses or local or state employment as a result of implementing the section. There is no significant anticipated economic cost to persons who are required to comply with the proposed amendment.

Ms. Galvin also has determined that for each year of the first five years the section as proposed is in effect the public benefit anticipated as a result of enforcing the section will be transparency and clarification of procedural standards when a contested case comes before the board for a final decision.

Comments on the proposal may be submitted to Kerri T. Galvin, General Counsel, Texas Appraiser Licensing and Certification Board, P.O. Box 12188, Austin, Texas 78711-2188 or to general.counsel@talcb.texas.gov. The deadline for comments is 30 days after publication in the Texas Register.

The amendment is proposed under Texas Occupations Code, §1103.151 and §1104.051, which authorize the board to adopt rules necessary for certifying or licensing an appraiser and administering the provisions of Texas Occupations Code, Chapter 1104, regarding appraisal management companies and the corresponding statutory sections for those chapters regarding action after hearing and decisions by the board, §§1103.518, 1103.521, 1104.214 and 1104.215.

The statutes affected by this amendment are Texas Occupations Code, Chapters 1103 and 1104. No other statute, code or article is affected by the proposed amendment.