(viii)Up to $1,500 in administrative penalties per act or omission which constitutes a violation(s) of USPAP, Board Rules or the Act, up to the maximum $5,000 statutory limit per complaint matter. (F)2nd Time Discipline Level 3--violations of the Act, Board Rules, or USPAP which evidence serious deficiencies and were done with knowledge, deliberately, willfully, or with gross negligence will result in a final order which imposes one or more of the following: (i)A period of suspension; (ii)A revocation; (iii)Remedial measures; (iv)Required promulgation, adoption and implementation of written, preventative policies or procedures addressing specific areas of professional practice; (v)A probationary period with provisions for monitoring the appraiser's practice; (vi)Restrictions on a certified appraiser's ability to sponsor any appraiser trainees; (vii)Restrictions on the scope of practice the appraiser is allowed to engage in for a specified time period or until specified conditions are satisfied; (viii)Up to $1,500 in administrative penalties per act or omission which constitutes a violation(s) of USPAP, Board Rules or the Act, up to the maximum $5,000 statutory limit per complaint matter. (G)3rd Time Discipline Level 1--violations of the Act, Board Rules, or USPAP which evidence minor deficiencies will result in a final order which imposes one or more of the following: (i)A period of suspension; (ii)A revocation; (iii)Remedial measures; (iv)Required promulgation, adoption and implementation of written, preventative policies or procedures addressing specific areas of professional practice; (v)A probationary period with provisions for monitoring the appraiser's practice; (vi)Restrictions on a certified appraiser's ability to sponsor any appraiser trainees; (vii)Restrictions on the scope of practice the appraiser is allowed to engage in for a specified time period or until specified conditions are satisfied; (viii)$1,000 to $1,500 in administrative penalties per act or omission which constitutes a violation(s) of USPAP, Board Rules or the Act, up to the maximum $5,000 statutory limit per complaint matter. (H)3rd Time Discipline Level 2--violations of the Act, Board Rules, or USPAP which evidence serious deficiencies will result in a final order which imposes one or more of the following: (i)A period of suspension; (ii)A revocation; (iii)Remedial measures; (iv)Required promulgation, adoption and implementation of written, preventative policies or procedures addressing specific areas of professional practice; (v)A probationary period with provisions for monitoring the appraiser's practice; (vi)Restrictions on a certified appraiser's ability to sponsor any appraiser trainees; (vii)Restrictions on the scope of practice the appraiser is allowed to engage in for a specified time period or until specified conditions are satisfied; (viii)$1,500 in administrative penalties per act or omission which constitutes a violation(s) of USPAP, Board Rules or the Act, up to the maximum $5,000 statutory limit per complaint matter. (I)3rd Time Discipline Level 3--violations of the Act, Board Rules, or USPAP which evidence serious deficiencies and were done with knowledge, deliberately, willfully, or with gross negligence will result in a final order which imposes one or more of the following: (i)A revocation; and (ii)$1,500 in administrative penalties per act or omission which constitutes a violation(s) of USPAP, Board Rules or the Act, up to the maximum $5,000 statutory limit per complaint matter. (J)4th Time Discipline--violations of the Act, Board Rules or USPAP will result in a final order which imposes the following: (i)A revocation; and (ii)$1,500 in administrative penalties per act or omission which constitutes a violation(s) of USPAP, Board Rules or the Act, up to the maximum $5,000 statutory limit per complaint matter. (K)Unlicensed appraisal activity will result in a final order which imposes a $1,500 in administrative penalties per unlicensed appraisal activity, up to the maximum $5,000 statutory limit per complaint matter. (4)In addition, staff may recommend any or all of the following: (A)reducing or increasing the recommended sanction or administrative penalty for a complaint based on documented factors that support the deviation, including but not limited to those factors articulated under paragraph (2) of this subsection; (B)probating all or a portion of any sanction or administrative penalty for a period not to exceed five years; (C)requiring additional reporting requirements; and (D)such other recommendations, with documented support, as will achieve the purposes of the Act, the Rules, and/or USPAP. [(A)For the purposes of the above matrix, a person will not be considered to have had a prior occurrence unless the board had taken final action against the person before the date of the appraisal that led to the subsequent disciplinary action.] [(B)In addition to the guidelines outlined in the matrix, staff may recommend any or all of the following:] [(i)reducing or increasing the recommended penalty based on documented factors that support the deviation, including but not limited to the number or seriousness of the violation(s) and degree of harm to the public;] [(ii)probating all or a portion of a sanction or administrative penalty for a period not to exceed five years;] [(iii)requiring additional reporting requirements; and] [(iv)such other recommendations, with documented support, as will achieve the purposes of the Act, the Rules, and/or USPAP.] (k) [(10)] Agreed resolutions of complaint matters pursuant to Tex. Occ. Code §1103.458 or §1103.459 must be signed by the respondent, a representative of the Standards and Enforcement Services Division, and the commissioner.
This agency hereby certifies that the proposal has
been reviewed by legal counsel and
found to be within the agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on February 22, 2013
TRD-201300802 Kerri T. Galvin
General Counsel
Texas Appraiser Licensing and Certification Board
Earliest possible date of adoption: April 7, 2013
For further information, please call: (512) 936-3576
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