Current through Reg. 49, No. 38; September 20, 2024
(a) The Board may
take disciplinary action or deny issuing a license to an applicant at any time
the Board determines that the applicant or license holder:
(1) disregards or violates a provision of the
Act or the Board rules;
(2) is
convicted of a felony;
(3) fails to
notify the Board not later than the 30th day after the date of the final
conviction if the person, in a court of this or another state or in a federal
court, has been convicted of or entered a plea of guilty or nolo contendere to
a felony or a criminal offense involving fraud or moral turpitude;
(4) fails to notify the Board not later than
the 30th day after the date of incarceration if the person, in this or another
state, has been incarcerated for a criminal offense involving fraud or moral
turpitude;
(5) fails to notify the
Board not later than the 30th day after the date disciplinary action becomes
final against the person with regard to any occupational license the person
holds in Texas or any other jurisdiction;
(6) fails to comply with the USPAP edition in
effect at the time of the appraiser service;
(7) acts or holds himself or herself or any
other person out as a person licensed under the Act or by another jurisdiction
when not so licensed;
(8) accepts
payment for appraiser services but fails to deliver the agreed service in the
agreed upon manner;
(9) refuses to
refund payment received for appraiser services when he or she has failed to
deliver the appraiser service in the agreed upon manner;
(10) accepts payment for services contingent
upon a minimum, maximum, or pre-agreed value estimate except when such action
would not interfere with the appraiser's obligation to provide an independent
and impartial opinion of value and full disclosure of the contingency is made
in writing to the client;
(11)
offers to perform appraiser services or agrees to perform such services when
employment to perform such services is contingent upon a minimum, maximum, or
pre-agreed value estimate except when such action would not interfere with the
appraiser's obligation to provide an independent and impartial opinion of value
and full disclosure of the contingency is made in writing to the
client;
(12) makes a material
misrepresentation or omission of material fact;
(13) has had a license as an appraiser
revoked, suspended, or otherwise acted against by any other jurisdiction for an
act which is a crime under Texas law;
(14) procures, or attempts to procure, a
license by making false, misleading, or fraudulent representation;
(15) fails to actively, personally, and
diligently supervise an appraiser trainee or any person not licensed under the
Act who assists the license holder in performing real estate appraiser
services;
(16) has had a final
civil judgment entered against him or her on any one of the following grounds:
(A) fraud;
(B) intentional or knowing
misrepresentation;
(C) grossly
negligent misrepresentation in the performance of appraiser
services;
(17) fails to
make good on a payment issued to the Board within thirty days after the Board
has mailed a request for payment by certified mail to the license holder's last
known business address as reflected by the Board's records;
(18) knowingly or willfully engages in false
or misleading conduct or advertising with respect to client
solicitation;
(19) misuses or
misrepresents the type of classification or category of license
number;
(20) engages in any other
act relating to the business of appraising that the Board, in its discretion,
believes warrants a suspension or revocation;
(21) uses any title, designation, initial or
other insignia or identification that would mislead the public as to that
person's credentials, qualifications, competency, or ability to perform
licensed appraisal services;
(22)
fails to comply with an agreed order or a final order of the Board;
(23) fails to answer all inquiries concerning
matters under the jurisdiction of the Board within 20 days of notice to said
individual's address of record, or within the time period allowed if granted a
written extension by the Board; or
(24) after conducting reasonable due
diligence, knowingly accepts an assignment from an appraisal management company
that is not exempt from registration under the Act which:
(A) has not registered with the Board;
or
(B) is registered with the Board
but has not placed the appraiser on its panel of appraisers maintained with the
Board; or
(25) fails to
approve, sign, and deliver to their appraiser trainee the appraisal experience
log and certification required by §153.15 of this title for all experience
actually and lawfully acquired by the trainee while under the appraiser's
sponsorship.
(b) The
Board has discretion in determining the appropriate penalty for any violation
under subsection (a) of this section.
(c) The Board may probate a penalty or
sanction, and may impose conditions of the probation, including, but not
limited to:
(1) the type and scope of
appraisals or appraisal practice;
(2) the number of appraiser trainees or
authority to sponsor appraiser trainees;
(3) requirements for additional
education;
(4) monetary
administrative penalties; and
(5)
requirements for reporting real property appraisal activity to the
Board.
(d) A person
applying for a license after the Board has revoked or accepted the surrender in
lieu of disciplinary action of a license previously held by that person must
comply with all current license requirements. Such persons may not apply to
reinstate a previously held license as provided in §
153.16 of
this title.
(e) The provisions of
this section do not relieve a person from civil liability or from criminal
prosecution under the Act or other laws of this State.
(f) The Board may not investigate a complaint
submitted to the Board more than four years after the date on which the alleged
violation occurred.
(g) Except as
provided by Texas Government Code §
402.031(b)
and Texas Penal Code §
32.32(d),
there shall be no undercover or covert investigations conducted by authority of
the Act.
(h) A license may be
revoked or suspended by the Attorney General or other court of competent
jurisdiction for failure to pay child support under the provisions of Chapter
232 of the Texas Family Code.
(i)
If the Board determines that issuance of a probationary license is appropriate,
the order entered by the Board with regard to the application must set forth
the terms and conditions for the probationary license. Terms and conditions for
a probationary license may include any of the following:
(1) that the probationary license holder
comply with the Act and with the rules of the Texas Appraiser Licensing and
Certification Board;
(2) that the
probationary license holder fully cooperate with the TALCB Division of the
Board in the investigation of any complaint filed against the license holder or
any other complaint in which the license holder may have relevant
information;
(3) that the
probationary license holder attend a prescribed number of classroom hours in
specific areas of study during the probationary period;
(4) that the probationary license holder
limit appraisal practice as prescribed in the order;
(5) that the probationary license holder work
under the direct supervision of a certified general or certified residential
appraiser who will review and sign each appraisal report completed;
(6) that the probationary license holder
report regularly to the Board on any matter which is the basis of the
probationary license; or
(7) that
the probationary license holder comply with any other terms and conditions
contained in the order which have been found to be reasonable and appropriate
by the Board after due consideration of the circumstances involved in the
particular application.
(j) Unless the order granting a probationary
license specifies otherwise, a probationary license holder may renew the
license after the probationary period by filing a renewal application,
satisfying applicable renewal requirements, and paying the prescribed renewal
fee.
(k) If a probationary license
expires prior to the completion of a probationary term and the probationary
license holder files a late renewal application, any remaining probationary
period shall be reinstated effective as of the day following the renewal of the
probationary license.
