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Texas Register Preamble


The Texas Appraiser Licensing and Certification Board (TALCB) proposes amendments to §157.3, concerning Scope of Rules; §157.4, concerning Computation of Time; §157.5, concerning Conduct and Decorum; §157.6, concerning Request for Advisory Opinions; §157.7, concerning Denial of a License; §157.8, concerning Adverse Action Against a Licensee or Registrant; §157.9, concerning Notice of Hearing; §157.11, concerning Contested Cases; Entry of Appearance; Continuance; §157.12, concerning Failure to Attend Hearing; Default Judgment; §157.13, concerning Ex Parte Consultations; §157.14, concerning Informal Disposition; §157.15, concerning Decision; §157.17, concerning Final Decisions and Orders; §157.18, concerning Motions for Rehearing; Finality of Decisions; §157.20, concerning Judicial Review; and §157.25, concerning Temporary Suspension.

The proposed amendments are made following a comprehensive rule review of the chapter to better reflect current TALCB procedures and to simplify and clarify where needed.

The proposed amendments capitalize the term "Board" and replace the term "licensee" with "license holder" throughout the chapter.

The proposed amendments to §157.7 clarify the action the Board takes when the Board determines that an application should be denied. This clarification is important as it affects §153.9 regarding the date on which an applicant may reapply for a license after the denial of a previous application.

Kristen Worman, 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 for units of local government as a result of enforcing or administering the amended sections. There is no anticipated significant impact on small businesses, micro-businesses or local or state employment as a result of implementing the amended sections. There is no significant anticipated economic cost to persons who are required to comply with the proposed amendments.

Ms. Worman 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 sections will be a requirement that is easier to understand, apply and process.

Comments on the proposal may be submitted to Kristen Worman, 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, which authorizes the TALCB to adopt rules relating to certificates and licenses and §1103.152, which authorizes TALCB to prescribe qualifications for appraisers that are consistent with the qualifications established by the Appraiser Qualifications Board.

The statute affected by the amendments is Texas Occupations Code, Chapter 1103. No other statute, code or article is affected by the proposed amendments.



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