The Texas Appraiser Licensing and Certification Board (TALCB) proposes new rule 22 TAC §153.28, Peer Investigative Committee Review.

The proposed new rule outlines the complaint review process of the Peer Investigative Committee pursuant to Texas Occupations Code §1103.453. The proposed new rule identifies who may serve on the committee, terms of appointment, delineates functions of the committee members and TALCB staff in the review process, and establishes process deadlines. The proposed rule also specifies the types of complaints that are subject or not subject to the review of the Peer Investigative Committee, and the manner committee members and staff may communicate during the review process.

The proposed new rule is intended to more clearly establish the agency's Peer Investigative Committee Review process and identify the roles of both committee members and TALCB staff. This rule also allows the Peer Investigative Committee members to provide TALCB Enforcement Division recommendations on complaints where adverse action is sought.

Kathleen Santos, General Counsel, has determined that for the first five-year period the proposed new rule is 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 new rule. 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 new rule. There is no significant economic cost anticipated for persons who are required to comply with the proposed new rule. Accordingly, no Economic Impact statement or Regulatory Flexibility Analysis is required.

Ms. Santos has also determined that for each year of the first five years the proposed new rule is in effect the public benefits anticipated as a result of enforcing the proposed new rule will be improved clarity and greater transparency for members of the public and license holders, as well as requirements that are consistent with statutes and easier to understand, apply, and process.

Growth Impact Statement:

For each year of the first five years the proposed new rule is in effect the rule 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 the number of individuals subject to the rule's applicability.

For each year of the first five years the proposed new rule is in effect, there is no anticipated impact on the state's economy.

Comments on the proposed new rule may be submitted to Kathleen Santos, 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 new rule is proposed under Texas Occupations Code §1103.151, which authorizes TALCB to adopt rules for certifying or licensing an appraiser or appraiser trainee and §1103.154, which authorizes TALCB to adopt rules relating to professional conduct.

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