(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. (k)Agreed resolutions of complaint matters pursuant to Texas Occupations Code §1103.458 or §1103.459 must be signed by the respondent, a representative of the Standards and Enforcement Services Division, and the commissioner.
The agency certifies that legal counsel has reviewed
the adoption and
found it to be a valid exercise of the agency's legal
authority.
Filed with the Office
of the Secretary of State on December 2, 2013
TRD-201305540 Kerri Lewis
General Counsel
Texas Appraiser Licensing and Certification Board
Effective date: December 22, 2013
Proposal publication date: September 6, 2013
For further information, please call: (512) 936-3576
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