reglab/housing_qa huggingface dataset:
TX Occ Code § 1104.207 (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 1104 - Appraisal Management Companies|Subchapter E. Disciplinary Actions and Procedures and Administrative Penalties|Section 1104.207. Report of Investigation Required

Sec. 1104.207.  REPORT OF INVESTIGATION REQUIRED.  (a)  At the conclusion of the investigation of a complaint, the investigator shall submit to the board a written report to enable the board to determine what further action is necessary.(b)  The report must contain:(1)  statements of fact;(2)  the recommendations of the investigator; and(3)  the position or defense of the investigated appraisal management company.|Added by Acts 2011, 82nd Leg., R.S., Ch. 256 (H.B. 1146), Sec. 2, eff. September 1, 2011.|
TX Occ Code § 1104.208 (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 1104 - Appraisal Management Companies|Subchapter E. Disciplinary Actions and Procedures and Administrative Penalties|Section 1104.208. Action Based on Report

Sec. 1104.208.  ACTION BASED ON REPORT.  (a)  Based on the report submitted under Section 1104.207, the board may:(1)  order further investigation of the complaint;(2)  permit the person who is the subject of the complaint to participate in a voluntary discussion of the facts and circumstances of the alleged violation;(3)  determine that there is not probable cause to believe that a violation occurred and dismiss the case; or(4)  determine that there is probable cause to believe that a violation occurred and enter into an agreed order with the respondent under Section 1104.2081 or proceed as the complainant with a contested case hearing under Chapter 2001, Government Code.(b)  The board by rule may delegate any of its authority under Subsection (a) to the commissioner.|Added by Acts 2011, 82nd Leg., R.S., Ch. 256 (H.B. 1146), Sec. 2, eff. September 1, 2011.Amended by: Acts 2017, 85th Leg., R.S., Ch. 107 (S.B. 1516), Sec. 17, eff. September 1, 2017.|
TX Occ Code § 1104.2081 (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 1104 - Appraisal Management Companies|Subchapter E. Disciplinary Actions and Procedures and Administrative Penalties|Section 1104.2081. Agreed Order

Sec. 1104.2081.  AGREED ORDER.  (a)  The board may negotiate a settlement and enter into an agreed order with an appraisal management company or other person who is the subject of a complaint under this subchapter.(b)  An agreed order must be:(1)  approved by the board; and(2)  signed by the commissioner and the appraisal management company or other person who is the subject of the complaint.(c)  A board member who participates in negotiating an agreed order under this section is disqualified from participating in the adjudication of a contested case that results from the negotiation.(d)  An appraisal management company or other person who consents to negotiate under this section waives the right to notice and the opportunity to be heard under Chapter 2001, Government Code, during the negotiation.(e)  An appraisal management company or other person who enters into an agreed order under this section may be disciplined for failure to comply with the agreed order.|Added by Acts 2017, 85th Leg., R.S., Ch. 107 (S.B. 1516), Sec. 18, eff. September 1, 2017.|
TX Occ Code § 1104.2082 (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 1104 - Appraisal Management Companies|Subchapter E. Disciplinary Actions and Procedures and Administrative Penalties|Section 1104.2082. Confidentiality of Investigation Material

Sec. 1104.2082.  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 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 that a confidentiality agreement be signed by a person entitled to receive information under Subsection (b) before releasing the information.(e)  The board may withhold information or material described by Subsection (a) without requesting a decision from the attorney general under Subchapter G, Chapter 552, Government Code.(e-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.(f)  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 2017, 85th Leg., R.S., Ch. 107 (S.B. 1516), Sec. 18, eff. September 1, 2017.Amended by: Acts 2019, 86th Leg., R.S., Ch. 334 (S.B. 624), Sec. 36, eff. September 1, 2019.|
TX Occ Code § 1104.209 (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 1104 - Appraisal Management Companies|Subchapter E. Disciplinary Actions and Procedures and Administrative Penalties|Section 1104.209. Notice of Violation and Penalty

Sec. 1104.209.  NOTICE OF VIOLATION AND PENALTY.  (a)  If, after investigating a possible violation and the facts surrounding that possible violation, the board determines that a violation occurred, the board shall give written notice of the violation to the person alleged to have committed the violation.(b)  The notice must:(1)  include a summary of the alleged violation;(2)  state the recommended sanction, including the amount of the proposed administrative penalty; and(3)  inform the person of the person's right to a hearing on the occurrence of the violation, the amount of the penalty, or both.(c)  Not later than the 20th day after the date the person receives the notice, the person may:(1)  accept the board's determination, including the proposed administrative penalty;  or(2)  make a written request for a hearing on that determination.|Added by Acts 2011, 82nd Leg., R.S., Ch. 256 (H.B. 1146), Sec. 2, eff. September 1, 2011.|
TX Occ Code § 1104.210 (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 1104 - Appraisal Management Companies|Subchapter E. Disciplinary Actions and Procedures and Administrative Penalties|Section 1104.210. Penalty to Be Paid

Sec. 1104.210.  PENALTY TO BE PAID.  If the person accepts the board's determination or fails to respond to the notice in a timely manner, the board by order shall approve the determination and impose the proposed penalty.|Added by Acts 2011, 82nd Leg., R.S., Ch. 256 (H.B. 1146), Sec. 2, eff. September 1, 2011.Amended by: Acts 2017, 85th Leg., R.S., Ch. 107 (S.B. 1516), Sec. 19, eff. September 1, 2017.|
TX Occ Code § 1104.211 (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 1104 - Appraisal Management Companies|Subchapter E. Disciplinary Actions and Procedures and Administrative Penalties|Section 1104.211. Temporary Suspension

Sec. 1104.211.  TEMPORARY SUSPENSION.  (a)  The presiding officer of the board shall appoint a three-member disciplinary panel consisting of board members to determine whether a person's registration under this chapter should be temporarily suspended.(b)  If the disciplinary panel determines from the information presented to the panel that a person registered under this chapter would, by the person's continuation in practice, constitute a continuing threat to the public welfare, the disciplinary panel shall temporarily suspend the person's registration.(c)  A registration may be suspended under this section without notice or hearing on the complaint if:(1)  institution of proceedings for a contested case hearing is initiated simultaneously with the temporary suspension;  and(2)  a hearing is held under Chapter 2001, Government Code, and this chapter as soon as possible.(d)  A temporary suspension under this section automatically expires after 45 days if the board has not scheduled a hearing to take place within that time or if, at the board's request, the hearing is continued beyond the 45th day.(e)  Notwithstanding Chapter 551, Government Code, the disciplinary panel may hold a meeting by telephone conference call if immediate action is required and convening the panel at one location is inconvenient for any member of the panel.|Added by Acts 2011, 82nd Leg., R.S., Ch. 256 (H.B. 1146), Sec. 2, eff. September 1, 2011.|
TX Occ Code § 1104.212 (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 1104 - Appraisal Management Companies|Subchapter E. Disciplinary Actions and Procedures and Administrative Penalties|Section 1104.212. Notice of Hearing

Sec. 1104.212.  NOTICE OF HEARING.  Not later than the 30th day before the date of a contested case hearing, the board shall personally deliver or send by certified mail notice of the hearing to the parties to the hearing.|Added by Acts 2011, 82nd Leg., R.S., Ch. 256 (H.B. 1146), Sec. 2, eff. September 1, 2011.Amended by: Acts 2017, 85th Leg., R.S., Ch. 107 (S.B. 1516), Sec. 20, eff. September 1, 2017.|
TX Occ Code § 1104.2121 (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 1104 - Appraisal Management Companies|Subchapter E. Disciplinary Actions and Procedures and Administrative Penalties|Section 1104.2121. Attorney General Representation

Sec. 1104.2121.  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 2017, 85th Leg., R.S., Ch. 107 (S.B. 1516), Sec. 21, eff. September 1, 2017.|
TX Occ Code § 1104.2122 (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 1104 - Appraisal Management Companies|Subchapter E. Disciplinary Actions and Procedures and Administrative Penalties|Section 1104.2122. Immunity of Witnesses

Sec. 1104.2122.  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 2017, 85th Leg., R.S., Ch. 107 (S.B. 1516), Sec. 21, eff. September 1, 2017.|
TX Occ Code § 1104.213 (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 1104 - Appraisal Management Companies|Subchapter E. Disciplinary Actions and Procedures and Administrative Penalties|Section 1104.213. Applicability of Administrative Procedure Law

Sec. 1104.213.  APPLICABILITY OF ADMINISTRATIVE PROCEDURE LAW.  Except as otherwise provided by this chapter, a proceeding under this subchapter is subject to Chapter 2001, Government Code.|Added by Acts 2011, 82nd Leg., R.S., Ch. 256 (H.B. 1146), Sec. 2, eff. September 1, 2011.|
TX Occ Code § 1104.2131 (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 1104 - Appraisal Management Companies|Subchapter E. Disciplinary Actions and Procedures and Administrative Penalties|Section 1104.2131. Record of Proceedings

Sec. 1104.2131.  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)  The recording, stenographic notes, or transcription of oral proceedings shall be maintained by the board until at least the fifth anniversary of the date of the decision in the contested case.|Added by Acts 2017, 85th Leg., R.S., Ch. 107 (S.B. 1516), Sec. 21, eff. September 1, 2017.|
TX Occ Code § 1104.2132 (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 1104 - Appraisal Management Companies|Subchapter E. Disciplinary Actions and Procedures and Administrative Penalties|Section 1104.2132. Failure to Appear; Costs

Sec. 1104.2132.  FAILURE TO APPEAR; COSTS.  (a)  If a respondent 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 administrative law judge determines appropriate.(b)  The respondent is bound by the results of the hearing to the same extent as if the respondent had appeared.(c)  The administrative law judge may award reasonable costs to the board on a request for and proof of costs incurred if the respondent fails to appear at the hearing.  In this subsection, the term "costs" means all costs associated with the hearing, including the costs charged by the State Office of Administrative Hearings and any costs related to hearing preparation, discovery, depositions, subpoenas, service of process, witness expenses, travel expenses, and investigation expenses.|Added by Acts 2017, 85th Leg., R.S., Ch. 107 (S.B. 1516), Sec. 21, eff. September 1, 2017.|
TX Occ Code § 1104.214 (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 1104 - Appraisal Management Companies|Subchapter E. Disciplinary Actions and Procedures and Administrative Penalties|Section 1104.214. Action After Hearing

Sec. 1104.214.  ACTION AFTER HEARING.  On conclusion of a contested case hearing under this subchapter, 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)  revoke the appraisal management company's registration;(C)  suspend the registration of the appraisal management company for a period of not more than five years;(D)  impose a period of probation, with or without conditions;(E)  issue a public or private reprimand or a warning;(F)  impose an administrative penalty; or(G)  require the payment of costs expended by the board associated with the contested case, including:(i)  attorney's fees;(ii)  the costs charged by the State Office of Administrative Hearings; and(iii)  any administrative costs associated with the hearing, including witness expenses, travel expenses, and investigation expenses.|Added by Acts 2011, 82nd Leg., R.S., Ch. 256 (H.B. 1146), Sec. 2, eff. September 1, 2011.Amended by: Acts 2017, 85th Leg., R.S., Ch. 107 (S.B. 1516), Sec. 22, eff. September 1, 2017.|
TX Occ Code § 1104.215 (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 1104 - Appraisal Management Companies|Subchapter E. Disciplinary Actions and Procedures and Administrative Penalties|Section 1104.215. Decision by Board

Sec. 1104.215.  DECISION BY BOARD.  (a)  Based on the findings of fact, conclusions of law, and proposal for decision of the administrative law judge, the board by order may determine that:(1)  a violation has occurred and may impose an administrative penalty or another sanction; or(2)  a violation did not occur.(b)  The board shall give notice of the order to the person who is the subject of the order.  The notice must include:(1)  the findings of fact and conclusions of law separately stated;(2)  the amount of any penalty imposed or a description of any sanction imposed;(3)  a statement of the right of the person to judicial review of the order; and(4)  any other information required by law.|Added by Acts 2011, 82nd Leg., R.S., Ch. 256 (H.B. 1146), Sec. 2, eff. September 1, 2011.Amended by: Acts 2017, 85th Leg., R.S., Ch. 107 (S.B. 1516), Sec. 23, eff. September 1, 2017.|
TX Occ Code § 1104.216 (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 1104 - Appraisal Management Companies|Subchapter E. Disciplinary Actions and Procedures and Administrative Penalties|Section 1104.216. Motion for Rehearing

Sec. 1104.216.  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 2011, 82nd Leg., R.S., Ch. 256 (H.B. 1146), Sec. 2, eff. September 1, 2011.Amended by: Acts 2017, 85th Leg., R.S., Ch. 107 (S.B. 1516), Sec. 24, eff. September 1, 2017.|
TX Occ Code § 1104.217 (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 1104 - Appraisal Management Companies|Subchapter E. Disciplinary Actions and Procedures and Administrative Penalties|Section 1104.217. Decision on Rehearing

Sec. 1104.217.  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 2011, 82nd Leg., R.S., Ch. 256 (H.B. 1146), Sec. 2, eff. September 1, 2011.|
TX Occ Code § 1104.251 (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 1104 - Appraisal Management Companies|Subchapter F. Other Enforcement Provisions|Section 1104.251. Injunction

Sec. 1104.251.  INJUNCTION.  (a)  The board may institute an action in its own name against any person, including a person who is not registered under this chapter, to enjoin a violation of this chapter or a rule adopted by the board under this chapter.(b)  An action under this section must be brought in a district court in Travis County.  The attorney general shall act as legal advisor to the board and provide necessary legal assistance.|Added by Acts 2011, 82nd Leg., R.S., Ch. 256 (H.B. 1146), Sec. 2, eff. September 1, 2011.|
TX Occ Code § 1104.252 (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 1104 - Appraisal Management Companies|Subchapter F. Other Enforcement Provisions|Section 1104.252. Civil Penalty for Engaging in Activity Without Required Registration

Sec. 1104.252.  CIVIL PENALTY FOR ENGAGING IN ACTIVITY WITHOUT REQUIRED REGISTRATION.  (a)  A person who receives consideration for engaging in an activity for which registration is required under this chapter and who is not registered is liable for a civil penalty.(b)  The amount of a civil penalty imposed under this section may not be less than the amount of money equal to the value of the consideration received or more than three times the amount of money equal to the value of the consideration received.(c)  At the request of the board, the attorney general or a district or county attorney may bring an action in district court to recover a civil penalty under this section.(d)  A civil penalty recovered in an action under this section shall be deposited in the state treasury.|Added by Acts 2011, 82nd Leg., R.S., Ch. 256 (H.B. 1146), Sec. 2, eff. September 1, 2011.|
TX Occ Code § 1104.253 (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 1104 - Appraisal Management Companies|Subchapter F. Other Enforcement Provisions|Section 1104.253. Criminal Penalty for Engaging in Activity Without Required Registration

Sec. 1104.253.  CRIMINAL PENALTY FOR ENGAGING IN ACTIVITY WITHOUT REQUIRED REGISTRATION.  (a)  A person commits an offense if the person engages in an activity for which registration is required under this chapter without being registered.(b)  An offense under this section is a Class A misdemeanor.|Added by Acts 2011, 82nd Leg., R.S., Ch. 256 (H.B. 1146), Sec. 2, eff. September 1, 2011.|
TX Occ Code § 1151.001 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle B - Professions Related to Property Taxation|Chapter 1151 - Property Tax Professionals|Subchapter A. General Provisions|Section 1151.001. Short Title

Sec. 1151.001.  SHORT TITLE.  This chapter may be cited as the Property Taxation Professional Certification Act.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|