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Texas Register Preamble


The Texas Appraiser Licensing and Certification Board (TALCB) adopts amendments to §153.24, concerning Complaint Processing, with non-substantive changes to the proposed text as published in the March 8, 2013, issue of the Texas Register (38 TexReg 1625).

The difference between the rule as proposed and adopted is: (1) the addition of the word "investigative" between "preliminary" and "review" in subsection (e) to clarify the type of review; and (2) the addition of the phrases "there is no jurisdiction" and "the complaint warrants dismissal, including contingent dismissal, under subsection (j) of this section" to subsection (g) in order to provide a more comprehensive list of when a complaint will be dismissed without further processing.

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 rule.

The amendments are adopted to clarify that receipt of a complaint intake form by TALCB does not constitute the filing of a formal complaint against the individual named on the complaint intake form; to clarify all of the information that a respondent must provide to TALCB following notification of receipt of a complaint intake form; to establish a timeframe for completion of a preliminary review to determine if a violation occurred; to set out the criteria and procedure for filing of a formal complaint by TALCB; to more clearly set out levels of discipline and the mitigating and aggravating factors to be considered when assessing sanctions; and to more clearly define penalty parameters at each level.

The reasoned justification for the amendments is greater clarity and transparency about complaint processing and sanctions at TALCB.

One comment in favor of the amendments was received from an appraiser association. Two general comments were received by an appraiser and an appraiser/attorney regarding informal conferences held as part of complaint processing with one stating that he had heard that respondents felt mistreated by staff and the other stating that staff was professional and courteous during the informal conferences he attended. Neither made any specific comments regarding the amendments to the rule.

The amendments are adopted under Texas Occupations Code, §1103.151, which authorizes TALCB to adopt rules relating to certificates and licenses; and §1103.154, which authorizes TALCB to adopt rules relating to the professional conduct of a licensed or certified appraiser.

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



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