The Texas Appraiser Licensing and Certification Board (TALCB) proposes amendments to §157.10, concerning Right to Counsel; Right to Participate. The amendments are proposed to clarify who is responsible for the cost of hearing transcripts, when ordered by a party or an Administrative Law Judge. The Texas Appraiser Licensing and Certification Act and the State Office of Administrative Hearings (SOAH) rules currently provide that the party who orders a transcript bears the cost of that transcript but is silent about what happens when a SOAH judge orders a transcript. This amendment will alleviate confusion and additional negotiations over who is the responsible party and/or possible duplication of costs.

Kerri T. Galvin, General Counsel, has determined that for the first five-year period the proposed amendments are in effect there will be no fiscal implications for the state or units of local government as a result of enforcing or administering the amended section. There is no anticipated significant impact on small businesses, micro-businesses or local or state employment as a result of implementing the amended section. There is no significant anticipated economic cost to persons who are required to comply with the proposed amendments.

Ms. Galvin also has determined that for each year of the first five years the proposed amendments are in effect the public benefit anticipated as a result of enforcing the amended section will be greater clarity.

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 amendments are proposed under Texas Occupations Code, §1103.151 and §1104.051, which authorize the TALCB to adopt rules necessary for certifying or licensing an appraiser and administering the provisions of Chapter 1104 regarding appraisal management companies and §1103.512 regarding Record of Proceedings.

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