(v)A probationary period with provisions for monitoring
the Respondent's practice;
(vi)Restrictions on the Respondent's ability to sponsor
any appraiser trainees;
(vii)Restrictions on the scope of practice the Respondent's
is allowed to engage in for a specified time period or until specified
conditions are satisfied; or
(viii)$1,000 to $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.
(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 Respondent's practice;
(vi)Restrictions on the Respondent's ability to sponsor
any appraiser trainees;
(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.
(n)The Board may order a person regulated by the Board
to refund the amount paid by a consumer to the person for a service
regulated by the Board.
(o)Agreed resolutions of complaint matters pursuant
to Texas Occupations Code §1103.458 or §1103.459 must be
signed by:
(1)the Board Chair;
(2)Respondent;
(3)a representative of the Standards and Enforcement
Services Division; and
(4)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 November 18, 2019
TRD-201904343 Kristen Worman
General
Counsel
Texas Appraiser Licensing and Certification Board
Effective date: December 8, 2019
Proposal publication date: September 27, 2019
For further information, please call: (512) 936-3652
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