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Texas Register Preamble


The Texas Appraiser Licensing and Certification Board (TALCB) proposes amendments to §157.15, Decision; §157.16, Exceptions and Replies; §157.17, Final Decisions and Orders; and §157.18, Motions for Rehearing. The proposed amendments are made following a comprehensive rule review for this Chapter to better reflect current TALCB procedures and to simplify and clarify where needed.

The proposed amendments to §157.15 clarify the format for an administrative law judge to use when preparing a proposal for decision for TALCB. The proposed amendments to §157.16 correct a typographical error and clarify that exceptions and replies should be filed with, not by, the administrative law judge. The proposed amendments to §157.17 correct a grammatical error and add clarifying language for consistency throughout §157.17. The proposed amendments to §157.18 add clarifying language for consistency throughout §157.18.

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 proposed amendments. There is no adverse economic effect anticipated for small businesses, micro-businesses, rural communities, or local or state employment as a result of implementing the proposed amendments. There is no significant economic cost anticipated for persons who are required to comply with the proposed amendments. Accordingly, no Economic Impact Statement or Regulatory Flexibility Analysis is required.

Ms. Worman has also determined that for each year of the first five years the amendments as proposed are in effect the public benefit anticipated as a result of enforcing the section as proposed will be requirements that are consistent with the statutes and easier to understand, apply and process.

Growth Impact Statement:

For each year of the first five years the proposed amendments are in effect the amendments will not:

• create or eliminate a government program;

• require the creation of new employee positions or the elimination of existing employee positions;

• require an increase or decrease in future legislative appropriations to the agency;

• require an increase or decrease in fees paid to the agency;

• create a new regulation;

• expand, limit or repeal an existing regulation; and

• increase or decrease the number of individuals subject to the rule's applicability.

For each year of the first five years the proposed amendments are in effect, there will be no impact on the state's economy as these amendments simplify the rules and provide additional clarity for license holders.

Comments on the proposed amendments may be submitted to Kristen Worman, General Counsel, Texas Appraiser Licensing and Certification Board, P.O. Box 12188, Austin, Texas 78711-2188 or emailed 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 TALCB to adopt rules relating to certificates and licenses, and §1104.051, which authorizes TALCB to adopt rules necessary to administer the provisions of Chapter 1104.

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



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