The Texas Appraiser Licensing and Certification Board (TALCB) adopts amendments to 22 TAC §157.30, Alternative Dispute Resolution, §157.32, Negotiated Settlement, §157.33 Mediation, and §157.37 Agreements, without changes, as published in the February 23, 2018, issue of the Texas Register (43 TexReg 1003). The amendments are adopted following a comprehensive review of this chapter to better reflect current TALCB procedures and to simplify and clarify where needed.

The amendments to §157.30 clarify that only the Board or its staff, not an administrative law judge, may utilize a contingent dismissal as the method for resolving a contested case. The amendments to §157.32 clarify that negotiations may be conducted through email. The amendments to §157.33 correct a grammatical error, clarify that the same administrative law judge who presides over mediation may not also preside over the contested case hearing if mediation is unsuccessful, and clarify that a respondent must pay one-half of the mediation fees to the Board before the date of the mediation. The amendments to §157.37 add conforming language for consistency with the amendments to §157.30.

The reasoned justification for the amendments is to conform TALCB rules with current practices authorized in statute and to provide clarity for license holders and members of the public.

No comments were received on the amendments as published.

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