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(vii)Restrictions on the scope of practice the Respondent
is allowed to engage in for a specified time period or until specified
conditions are satisfied; or
(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 21, 2018
TRD-201803598 Kristen Worman
General Counsel
Texas Appraiser Licensing and Certification Board
Effective date: September 15, 2018
Proposal publication date: May 11, 2018
For further information, please call: (512) 936-3652
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