(viii)$1,500 in administrative penalties per act or omission which constitutes a violation(s) of the Act, Board rules, or USPAP, 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; or (ii)$1,500 in administrative penalties per act or omission which constitutes a violation(s) of the Act, Board rules, or USPAP, 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, Board rules, or USPAP. (l)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 August 18, 2014
TRD-201403895 Kristen Worman
General Counsel
Texas Appraiser Licensing and Certification Board
Effective date: September 7, 2014
Proposal publication date: May 30, 2014
For further information, please call: (512) 936-3652
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