reglab/housing_qa huggingface dataset:
TX Occ Code § 1103.460 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1103 - Real Estate Appraisers|Subchapter J. Disciplinary Proceedings Generally|Section 1103.460. Confidentiality of Investigation Material

Sec. 1103.460.  CONFIDENTIALITY OF INVESTIGATION MATERIAL.  (a)  Information or material, including any investigation file, is confidential and not subject to disclosure under Chapter 552, Government Code, or any other means of legal compulsion for release, including disclosure, discovery, or subpoena, if the information or material is prepared or compiled by the board in connection with a complaint, investigation, or audit of any person subject to the jurisdiction of the board.(b)  Notwithstanding Subsection (a), information or material prepared or compiled by the board in connection with a complaint, investigation, or audit may be disclosed:(1)  to the respondent;(2)  to a person providing a service to the board, including a peer investigative committee appointed under Section 1103.453, an expert or other witness, or an investigator, if the information is necessary for preparation for, or a presentation in, a disciplinary proceeding against an applicant or license holder, or a subsequent trial or appeal taken from a disciplinary proceeding;(3)  to an entity in another jurisdiction that licenses, registers, credentials, or disciplines any person subject to the jurisdiction of the board;(4)  to a law enforcement agency;(5)  to the State Office of Administrative Hearings; or(6)  to the board, or a panel of the board, for use during any proceeding conducted by the State Office of Administrative Hearings or in a subsequent trial or appeal of a board action or order.(c)  The release of information under Subsection (b) is not a voluntary disclosure for purposes of Section 552.007, Government Code.(d)  The board may require a confidentiality agreement be signed by a person entitled to receive information under Subsection (b) before releasing the information.(d-1)  The board shall protect the identity of a complainant to the extent possible by excluding the complainant's identifying information from a complaint notice sent to a respondent.(e)  Notwithstanding Subsection (a), on the dismissal or final resolution of a complaint, investigation, or audit, information or material prepared or compiled by the board in connection with the complaint, investigation, or audit, including a completed audit report or a final order of the board, is subject to disclosure under Chapter 321 or 552, Government Code.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 53, eff. January 1, 2016.Acts 2019, 86th Leg., R.S., Ch. 334 (S.B. 624), Sec. 30, eff. September 1, 2019.|
TX Occ Code § 1103.501 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1103 - Real Estate Appraisers|Subchapter K. Contested Case Hearings|Section 1103.501. Applicability of Administrative Procedure Law

Sec. 1103.501.  APPLICABILITY OF ADMINISTRATIVE PROCEDURE LAW.  Except as otherwise provided by this chapter, a proceeding under this chapter is subject to Chapter 2001, Government Code.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1103.5011 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1103 - Real Estate Appraisers|Subchapter K. Contested Case Hearings|Section 1103.5011. Notice of Violation and Penalty

Sec. 1103.5011.  NOTICE OF VIOLATION AND PENALTY.  (a)  The commissioner may send an appraiser against whom a complaint has been filed a notice of violation including:(1)  a summary of the alleged violation;(2)  the recommended sanction, including the amount of any administrative penalty sought; and(3)  a conspicuous notice that the respondent has the right to a hearing to contest the alleged violation, the recommended sanction, or both.(b)  Not later than the 20th day after the date the person receives the notice under Subsection (a), the person may:(1)  accept the commissioner's determination, including the recommended sanction; or(2)  request in writing a hearing, to be held under Chapter 2001, Government Code, on the occurrence of the violation, the sanction, or both.|Added by Acts 2011, 82nd Leg., R.S., Ch. 131 (H.B. 2375), Sec. 19, eff. May 27, 2011.|
TX Occ Code § 1103.5012 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1103 - Real Estate Appraisers|Subchapter K. Contested Case Hearings|Section 1103.5012. Penalty to Be Paid or Hearing Requested

Sec. 1103.5012.  PENALTY TO BE PAID OR HEARING REQUESTED.  If the person accepts the commissioner's determination, or fails to respond in a timely manner to the notice, the board by order shall approve the determination and order payment of the recommended penalty, impose the recommended sanction, or both.|Added by Acts 2011, 82nd Leg., R.S., Ch. 131 (H.B. 2375), Sec. 19, eff. May 27, 2011.|
TX Occ Code § 1103.502 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1103 - Real Estate Appraisers|Subchapter K. Contested Case Hearings|Section 1103.502. Notice of Hearing

Sec. 1103.502.  NOTICE OF HEARING.  (a)  The board shall provide notice to the parties of a contested case hearing.(b)  The notice must:(1)  state the time and place of the hearing; and(2)  state that the appraiser or appraiser trainee must submit an answer as prescribed by Section 1103.505 not later than the 20th day after the date the appraiser or appraiser trainee receives the notice.(c)  Not later than the 30th day before the hearing date, the board shall personally deliver or send by certified mail, return receipt requested, to the appraiser or appraiser trainee:(1)  the notice prescribed by this section; and(2)  the statement of charges prescribed by Section 1103.503.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 704 (S.B. 382), Sec. 8, eff. September 1, 2005.|
TX Occ Code § 1103.503 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1103 - Real Estate Appraisers|Subchapter K. Contested Case Hearings|Section 1103.503. Statement of Charges

Sec. 1103.503.  STATEMENT OF CHARGES.  (a)  The attorney representing the board shall prepare the statement of charges.(b)  The statement of charges must:(1)  state each act or omission with which the appraiser or appraiser trainee is charged, including any standard of professional practice or rule of professional conduct alleged to have been violated; and(2)  be sufficiently detailed to enable the appraiser or appraiser trainee to prepare a defense.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 704 (S.B. 382), Sec. 9, eff. September 1, 2005.|
TX Occ Code § 1103.504 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1103 - Real Estate Appraisers|Subchapter K. Contested Case Hearings|Section 1103.504. Attorney General Representation

Sec. 1103.504.  ATTORNEY GENERAL REPRESENTATION.  The attorney general may not represent the board in a contested case before the State Office of Administrative Hearings.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 704 (S.B. 382), Sec. 9, eff. September 1, 2005.Acts 2007, 80th Leg., R.S., Ch. 1411 (S.B. 914), Sec. 47, eff. September 1, 2007.|
TX Occ Code § 1103.505 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1103 - Real Estate Appraisers|Subchapter K. Contested Case Hearings|Section 1103.505. Answer

Sec. 1103.505.  ANSWER.  The appraiser's or appraiser trainee's answer must contain:(1)  the name, address, and telephone number of the appraiser or appraiser trainee;(2)  a specific statement regarding any allegation in the complaint, which must:(A)  be in the form of an admission or denial; and(B)  contain any explanation or other statement of mitigating circumstances the appraiser or appraiser trainee determines relevant; and(3)  any additional information the appraiser or appraiser trainee determines relevant to the investigation that may assist in deciding the contested case.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 704 (S.B. 382), Sec. 9, eff. September 1, 2005.|
TX Occ Code § 1103.506 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1103 - Real Estate Appraisers|Subchapter K. Contested Case Hearings|Section 1103.506. Discovery Procedures

Sec. 1103.506.  DISCOVERY PROCEDURES.  The discovery procedures that are applicable to a civil action are applicable to a proceeding under this chapter.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1103.507 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1103 - Real Estate Appraisers|Subchapter K. Contested Case Hearings|Section 1103.507. Subpoena in Contested Case

Sec. 1103.507.  SUBPOENA IN CONTESTED CASE.  (a)  The commissioner shall issue a subpoena to compel the attendance of a witness or the production of records or other evidence if:(1)  a party to the proceeding requests the subpoena orally or in writing;(2)  the request specifies each item of evidence sought and the full name and address of each witness sought;  and(3)  the party shows reasonable cause.(b)  A party or the board may petition the district court to enforce a subpoena issued under this section.  If the party or the board makes a proper showing, the district court shall order the person to whom the subpoena is issued to obey the subpoena.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1103.508 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1103 - Real Estate Appraisers|Subchapter K. Contested Case Hearings|Section 1103.508. Hearing

Sec. 1103.508.  HEARING.  (a)  A contested case hearing shall be conducted before an administrative law judge of the State Office of Administrative Hearings.(b)  Repealed by Acts 2005, 79th Leg., Ch. 704, Sec. 16, eff. September 1, 2005.(c)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1411, Sec. 59(16), eff. September 1, 2007.(d)  The administrative law judge shall control the proceedings and may:(1)  administer oaths;(2)  admit or exclude testimony or other evidence; and(3)  rule on all motions and objections.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 704 (S.B. 382), Sec. 10, eff. September 1, 2005.Acts 2005, 79th Leg., Ch. 704 (S.B. 382), Sec. 11, eff. September 1, 2005.Acts 2005, 79th Leg., Ch. 704 (S.B. 382), Sec. 16, eff. September 1, 2005.Acts 2007, 80th Leg., R.S., Ch. 1411 (S.B. 914), Sec. 48, eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 1411 (S.B. 914), Sec. 59(16), eff. September 1, 2007.|
TX Occ Code § 1103.510 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1103 - Real Estate Appraisers|Subchapter K. Contested Case Hearings|Section 1103.510. Failure to Appear

Sec. 1103.510.  FAILURE TO APPEAR.  (a)  If an appraiser or appraiser trainee receives proper notice of a contested case hearing but does not appear in person at the hearing, the administrative law judge may conduct the hearing or enter an order, as the judge determines appropriate.(b)  The appraiser or appraiser trainee is bound by the results of the hearing to the same extent as if the appraiser or appraiser trainee had appeared.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 704 (S.B. 382), Sec. 12, eff. September 1, 2005.Acts 2007, 80th Leg., R.S., Ch. 1411 (S.B. 914), Sec. 49, eff. September 1, 2007.|
TX Occ Code § 1103.511 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1103 - Real Estate Appraisers|Subchapter K. Contested Case Hearings|Section 1103.511. Open Hearing

Sec. 1103.511.  OPEN HEARING.  A contested case hearing is open to the public.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1103.512 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1103 - Real Estate Appraisers|Subchapter K. Contested Case Hearings|Section 1103.512. Record of Proceedings

Sec. 1103.512.  RECORD OF PROCEEDINGS.  (a)  Contested case proceedings shall be recorded by:(1)  mechanical or electrical means;  or(2)  a certified shorthand reporter.(b)  At the request of a party, the proceedings or any part of the proceedings shall be transcribed.  The expense of the transcription shall be charged to the requesting party.(c)  Before testimony may be presented, the record must:(1)  show the identities of:(A)  any board members present;(B)  the administrative law judge; and(C)  the parties and their representatives; and(2)  state that all testimony is being recorded.(d)  The recording, stenographic notes, or transcription of oral proceedings shall be filed with and maintained by the board until at least the fifth anniversary of the date of the decision in the contested case.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1411 (S.B. 914), Sec. 50, eff. September 1, 2007.|
TX Occ Code § 1103.513 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1103 - Real Estate Appraisers|Subchapter K. Contested Case Hearings|Section 1103.513. Order of Proceedings

Sec. 1103.513.  ORDER OF PROCEEDINGS.  A contested case hearing shall be conducted in the following order, subject to modification at the discretion of the administrative law judge:(1)  the administrative law judge shall read a summary of the charges and answers to the charges and other responsive pleadings filed by the appraiser or appraiser trainee before the hearing;(2)  the attorney representing the board shall make a brief opening statement, including a summary of the charges and a list of the witnesses and documents to support the charges;(3)  the appraiser or appraiser trainee may make an opening statement, including the names of any witnesses the appraiser or appraiser trainee may call;(4)  the attorney representing the board shall present evidence, concluding with a summary of the evidence for the state;(5)  the appraiser or appraiser trainee shall present evidence;(6)  the attorney representing the board may present rebuttal evidence;(7)  the appraiser or appraiser trainee may present rebuttal evidence; and(8)  the closing arguments shall be made in the following order:(A)  the attorney representing the board;(B)  the appraiser or appraiser trainee; and(C)  the attorney representing the board on rebuttal.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 704 (S.B. 382), Sec. 13, eff. September 1, 2005.Acts 2007, 80th Leg., R.S., Ch. 1411 (S.B. 914), Sec. 51, eff. September 1, 2007.|
TX Occ Code § 1103.514 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1103 - Real Estate Appraisers|Subchapter K. Contested Case Hearings|Section 1103.514. Copies of Evidence

Sec. 1103.514.  COPIES OF EVIDENCE.  A copy of each document offered as evidence at a contested case hearing shall be provided to the opposing party.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 704 (S.B. 382), Sec. 13, eff. September 1, 2005.|
TX Occ Code § 1103.515 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1103 - Real Estate Appraisers|Subchapter K. Contested Case Hearings|Section 1103.515. Response to Certain Accusations

Sec. 1103.515.  RESPONSE TO CERTAIN ACCUSATIONS.  (a)  To the extent an appraiser or appraiser trainee believes the appraiser or appraiser trainee is being asked to reply to an accusation, innuendo, or fact for the first time in a contested case hearing, the appraiser or appraiser trainee may respond to the board in writing not later than the 10th day after the last day of the hearing.(b)  If the appraiser or appraiser trainee chooses to respond as provided by this section, the attorney representing the board is entitled to continue to present evidence during the hearing.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 704 (S.B. 382), Sec. 13, eff. September 1, 2005.|
TX Occ Code § 1103.516 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1103 - Real Estate Appraisers|Subchapter K. Contested Case Hearings|Section 1103.516. Direct Examination

Sec. 1103.516.  DIRECT EXAMINATION.  In a contested case hearing, the administrative law judge may conduct a direct examination of a witness at any stage of the witness's testimony.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 704 (S.B. 382), Sec. 13, eff. September 1, 2005.Acts 2007, 80th Leg., R.S., Ch. 1411 (S.B. 914), Sec. 52, eff. September 1, 2007.|
TX Occ Code § 1103.517 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1103 - Real Estate Appraisers|Subchapter K. Contested Case Hearings|Section 1103.517. Immunity of Witnesses

Sec. 1103.517.  IMMUNITY OF WITNESSES.  (a)  The board in a contested case hearing may grant a witness immunity from disciplinary action by the board.(b)  The official record of the hearing must include the reason for granting immunity.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 704 (S.B. 382), Sec. 14, eff. September 1, 2005.|
TX Occ Code § 1103.518 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1103 - Real Estate Appraisers|Subchapter K. Contested Case Hearings|Section 1103.518. Action After Hearing

Sec. 1103.518.  ACTION AFTER HEARING.  On conclusion of a contested case hearing and on submission of all written responses allowed under Section 1103.515, the administrative law judge shall:(1)  make findings of fact and conclusions of law; and(2)  issue to the board a proposal for decision that the board take one or more of the following actions:(A)  dismiss the charges;(B)  suspend or revoke the appraiser's certificate or license or the appraiser trainee's approval;(C)  impose a period of probation with or without conditions;(D)  require the appraiser to submit to reexamination for a certificate or license;(E)  require the appraiser or appraiser trainee to participate in additional professional education or continuing education;(F)  issue a public or private reprimand or a warning;(G)  issue a consent order; or(H)  impose an administrative penalty as prescribed by Section 1103.552.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 704 (S.B. 382), Sec. 15, eff. September 1, 2005.Acts 2007, 80th Leg., R.S., Ch. 1411 (S.B. 914), Sec. 53, eff. September 1, 2007.Acts 2011, 82nd Leg., R.S., Ch. 131 (H.B. 2375), Sec. 20, eff. May 27, 2011.|
TX Occ Code § 1103.519 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1103 - Real Estate Appraisers|Subchapter K. Contested Case Hearings|Section 1103.519. Motion for Rehearing

Sec. 1103.519.  MOTION FOR REHEARING.  (a)  A party may file a motion for rehearing with the board.  The motion must state:(1)  the specific grounds for rehearing; and(2)  the relief sought.(b)  A motion for rehearing filed under this section is governed by Chapter 2001, Government Code.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 54, eff. January 1, 2016.|
TX Occ Code § 1103.520 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1103 - Real Estate Appraisers|Subchapter K. Contested Case Hearings|Section 1103.520. Decision on Rehearing

Sec. 1103.520.  DECISION ON REHEARING.  (a)  The decision made at the conclusion of the original contested case hearing may not be reversed or modified for a procedural, evidentiary, or other error that did not cause substantial injustice to the parties.(b)  The decision made on a rehearing may incorporate by reference any part of the decision made at the conclusion of the original hearing.(c)  On rehearing, the administrative law judge shall consider facts not presented in the original hearing if:(1)  the facts arose after the original hearing was concluded;(2)  the party offering the evidence could not reasonably have provided the evidence at the original hearing; or(3)  the party offering the evidence was misled by a party regarding the necessity for offering the evidence at the original hearing.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1411 (S.B. 914), Sec. 54, eff. September 1, 2007.|
TX Occ Code § 1103.521 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1103 - Real Estate Appraisers|Subchapter K. Contested Case Hearings|Section 1103.521. Decision; Order

Sec. 1103.521.  DECISION;  ORDER.  (a)  The administrative law judge shall file the judge's final decision in a contested case hearing with the commissioner.(b)  A copy of the decision and order shall immediately be:(1)  sent by certified mail, return receipt requested, to the appraiser at the appraiser's last known address;  or(2)  personally delivered to the appraiser.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1411 (S.B. 914), Sec. 55, eff. September 1, 2007.|