The Texas Appraiser Licensing and Certification Board (TALCB) proposes amendments to 22 TAC §153.41, ACE Providers: Compliance and Enforcement.

The TALCB Executive Committee recommends the proposed amendments to provide more information to education providers and members of the public regarding the process for auditing continuing education providers and courses and the process for handling complaints when deficiencies are identified during an audit. Under the proposed amendments providers will receive a copy of the audit report and be given a reasonable opportunity to cure any deficiencies identified during an audit. The proposed amendments clarify when an audit report may be treated as a complaint and referred for enforcement. The proposed amendments also define a "reasonable opportunity to cure" and allow providers to request an extension of time to cure a deficiency if certain criteria are met.

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 units of local government as a result of enforcing or administering the proposed amendments. There is no adverse economic impact anticipated for local or state employment, rural communities, small businesses, or micro businesses 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 proposed amendments and rules are in effect the public benefits anticipated as a result of enforcing the proposed amendments will be increased transparency and better guidance and information for license holders and the public about TALCB's processes for auditing education providers and courses.

Growth Impact Statement:

For each year of the first five years the proposed amendments and rules are in effect the amendments and rules 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; or

--increase 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 is no anticipated impact on the state's economy.

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 Occupations Code §1101.153, which allows TALCB to adopt rules relating to the requirements for approval of a provider or course of continuing education.

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