Current through Reg. 49, No. 38; September 20, 2024
(a) The
Board may take disciplinary action, or deny issuing or renewing a license to an
applicant, any time it is determined that the person applying for, renewing, or
holding the license or the AMC's primary contact:
(1) disregards or violates a provision of the
AMC Act or 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 of the following with regard to any professional or occupational license
held by the person in Texas or another jurisdiction not later than the 30th day
after the date:
(A) disciplinary action
becomes final against the person; or
(B) the person voluntarily surrenders any
professional or occupational license;
(6) fails to require appraisal assignments be
completed in compliance with the USPAP edition in effect at the time of the
appraisal or appraisal practice;
(7) acts or holds any person out as a
registered AMC under the AMC Act or another state's act when not so licensed or
certified;
(8) accepts payment for
appraisal management services but fails to deliver the agreed service in the
agreed upon manner;
(9) refuses to
refund payment received for appraisal management 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;
(11) offers to perform appraisal management
services or agrees to perform such services when employment to perform such
services is contingent upon a minimum, maximum, or pre-agreed value
estimate;
(12) makes a material
misrepresentation or omission of material fact;
(13) has had a registration as an AMC
revoked, suspended, or otherwise acted against by any other jurisdiction for an
act which is an offense under Texas law;
(14) procures a registration pursuant to the
AMC Act by making false, misleading, or fraudulent representation;
(15) 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;
or
(C) grossly negligent
misrepresentation in the making of real estate appraiser
services;
(16) fails to
make good on a payment issued to the Board within 30 days after the Board has
mailed a request for payment by certified mail to the license holder's primary
contact as reflected in the Board's records;
(17) knowingly or willfully engages in false
or misleading conduct or advertising with respect to client
solicitation;
(18) 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 provide appraisal management services;
(19) requires an appraiser to pay for or
reimburse the AMC for a criminal history check;
(20) fails to comply with a final order of
the Board; or
(21) fails to answer
all inquiries concerning matters under the jurisdiction of the Board within 20
days of notice to said person's or primary contact's address of record, or
within the time period allowed if granted a written extension by the
Board.
(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 appraisal management practice;
(2) requirements for additional education by
the AMC's controlling persons;
(3)
monetary administrative penalties; and
(4) requirements for reporting appraisal
management activity to the Board.
(d) A person applying for reinstatement after
revocation or surrender of a registration must comply with all requirements
that would apply if the registration had instead expired.
(e) The provisions of this section do not
relieve a person from civil liability or from criminal prosecution under the
AMC Act or under the laws of this State.
(f) The Board may not investigate under this
section a complaint submitted more than four years after the date on which the
alleged violation occurred involving the AMC that is the subject of the
complaint.
(g) Except as provided
by Texas Penal Code §
32.32(d),
there will be no undercover or covert investigations conducted by authority of
the AMC Act.
(h) The Board reports
to the Appraisal Subcommittee any disciplinary action taken by the Board
against an AMC required to register under the AMC Act.
