reglab/statecodes huggingface dataset:
2023 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 executive director 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 executive director'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.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 94 (S.B. 1577), Sec. 23, eff. January 1, 2024.
2023 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 executive director'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.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 94 (S.B. 1577), Sec. 24, eff. January 1, 2024.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 executive director 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.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 94 (S.B. 1577), Sec. 25, eff. January 1, 2024.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 executive director.
(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.
Acts 2023, 88th Leg., R.S., Ch. 94 (S.B. 1577), Sec. 26, eff. January 1, 2024.
2023 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 1103.522. Waiting Period

Sec. 1103.522.  WAITING PERIOD.  A person whose certificate or license has been revoked, a person who has surrendered a certificate or license issued by the board, or a person whose application for a certificate or license has been denied after a hearing under Section 1103.508 may not apply to the board for a certificate or license until the second anniversary of the date of revocation, surrender, or denial.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 131 (H.B. 2375), Sec. 21, eff. May 27, 2011.
Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 55, eff. January 1, 2016.
2023 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 1103.523. Cost Recovery

Sec. 1103.523.  COST RECOVERY.  The administrative law judge may award reasonable costs to the board on a request for and proof of the costs if the respondent fails to appear for the hearing under Section 1103.510, including any costs:
(1)  charged by the State Office of Administrative Hearings; and
(2)  related to the preparation for the hearing, including costs of discovery, depositions, subpoenas, service of process, witness expenses, travel expenses, and investigation expenses.
Added by Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 56, eff. January 1, 2016.
2023 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 L. Penalties and Other Enforcement Provisions › Section 1103.551. Injunction

Sec. 1103.551.  INJUNCTION.  (a)  The board may institute an action in its own name against any person, including a person who is not certified or licensed 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 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 106, Sec. 4, eff. Sept. 1, 2003.
2023 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 L. Penalties and Other Enforcement Provisions › Section 1103.5511. Temporary Suspension

Sec. 1103.5511.  TEMPORARY SUSPENSION.  (a)  The presiding officer of the board shall appoint a disciplinary panel consisting of three board members to determine whether a person's license or certification to practice under this chapter should be temporarily suspended.
(b)  If the disciplinary panel determines from the information presented to the panel that a person licensed or certified to practice under this chapter would, by the person's continued practice, constitute a continuing threat to the public welfare, the panel shall temporarily suspend the license or certification of that person.
(c)  A license or certification 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. 131 (H.B. 2375), Sec. 22, eff. May 27, 2011.
2023 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 L. Penalties and Other Enforcement Provisions › Section 1103.552. Administrative Penalty

Sec. 1103.552.  ADMINISTRATIVE PENALTY.  (a)  The board may impose an administrative penalty for a violation of this chapter or a rule adopted or order issued by the board under this chapter in an amount not to exceed:
(1)  $1,500 for each violation; or
(2)  $5,000 for multiple violations in a single case.
(b)  The person on whom the penalty is imposed shall pay the penalty not later than the 20th day after the date the order imposing the penalty becomes final.
(c)  Notwithstanding any other law, the board shall remit an administrative penalty collected under this section to the comptroller for deposit in the general revenue fund.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 106, Sec. 5, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 131 (H.B. 2375), Sec. 23, eff. May 27, 2011.
Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 57, eff. January 1, 2016.
Acts 2019, 86th Leg., R.S., Ch. 334 (S.B. 624), Sec. 31, eff. September 1, 2019.
2023 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 L. Penalties and Other Enforcement Provisions › Section 1103.5525. Cease and Desist Order

Sec. 1103.5525.  CEASE AND DESIST ORDER.  (a)  If it appears to the board that a person is violating this chapter, Chapter 1104, or a rule adopted under this chapter or Chapter 1104, the board, after notice and opportunity for a hearing, may issue a cease and desist order prohibiting the person from engaging in the activity.
(b)  A violation of an order under this section constitutes grounds for imposing an administrative penalty under this chapter or Chapter 1104.
Added by Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 58, eff. January 1, 2016.
2023 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 L. Penalties and Other Enforcement Provisions › Section 1103.5526. Refund

Sec. 1103.5526.  REFUND.  (a)  Subject to Subsection (b), the board may order a person regulated by the board under this chapter or Chapter 1104 to pay a refund to a consumer as provided in an agreement resulting from an informal settlement conference or an enforcement order instead of or in addition to imposing an administrative penalty or other sanctions.
(b)  The amount of a refund ordered as provided in an agreement resulting from an informal settlement conference or an enforcement order may not exceed the amount the consumer paid to the person for a service regulated by the board.  The board may not require payment of other damages or estimate harm in a refund order.
Added by Acts 2019, 86th Leg., R.S., Ch. 334 (S.B. 624), Sec. 32, eff. September 1, 2019.
2023 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 L. Penalties and Other Enforcement Provisions › Section 1103.553. Civil Penalty for Filing Frivolous Complaint

Sec. 1103.553.  CIVIL PENALTY FOR FILING FRIVOLOUS COMPLAINT.  (a)  A certified or licensed appraiser who files against another certified or licensed appraiser a complaint that the board determines to be frivolous is liable for a civil penalty.
(b)  The amount of a civil penalty imposed under this section may not be less than $1,000 or more than $10,000.
(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 brought under this section shall be deposited in the state treasury.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 106, Sec. 6, eff. Sept. 1, 2003.
2023 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 L. Penalties and Other Enforcement Provisions › Section 1103.5535. Civil Penalty for Engaging in Activity Without Required Certificate or License

Sec. 1103.5535.  CIVIL PENALTY FOR ENGAGING IN ACTIVITY WITHOUT REQUIRED CERTIFICATE OR LICENSE.  (a)  A person who receives consideration for engaging in an activity for which a certificate or license is required under this chapter and who does not hold a certificate or license 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 2003, 78th Leg., ch. 106, Sec. 7, eff. Sept. 1, 2003.
2023 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 L. Penalties and Other Enforcement Provisions › Section 1103.554. Criminal Penalty for Misrepresenting Qualifications

Sec. 1103.554.  CRIMINAL PENALTY FOR MISREPRESENTING QUALIFICATIONS.
(a)  A person commits an offense if the person knowingly violates Section 1103.401.
(b)  An offense under this section is a Class B misdemeanor.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 106, Sec. 8, eff. Sept. 1, 2003.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 55 (S.B. 1222), Sec. 3, eff. September 1, 2023.
2023 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 L. Penalties and Other Enforcement Provisions › Section 1103.5545. Criminal Penalty for Engaging in Activity Without Required Certificate or License

Sec. 1103.5545.  CRIMINAL PENALTY FOR ENGAGING IN ACTIVITY WITHOUT REQUIRED CERTIFICATE OR LICENSE.  (a)  A person commits an offense if the person engages in an activity for which a certificate or license is required under this chapter without holding a certificate or license.
(b)  An offense under this section is a Class A misdemeanor.
Added by Acts 2003, 78th Leg., ch. 106, Sec. 9, eff. Sept. 1, 2003.
2023 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 A. General Provisions › Section 1104.001. Short Title

Sec. 1104.001.  SHORT TITLE.  This chapter may be cited as the Texas Appraisal Management Company Registration and Regulation Act.
Added by Acts 2011, 82nd Leg., R.S., Ch. 256 (H.B. 1146), Sec. 2, eff. September 1, 2011.
2023 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 A. General Provisions › Section 1104.002. Purpose

Sec. 1104.002.  PURPOSE.  The purpose of this chapter is to establish and enforce standards related to appraisal management services for appraisal reports on residential properties located in this state with fewer than five units.
Added by Acts 2011, 82nd Leg., R.S., Ch. 256 (H.B. 1146), Sec. 2, eff. September 1, 2011.
2023 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 A. General Provisions › Section 1104.004. Exemptions

Sec. 1104.004.  EXEMPTIONS.  (a)  This chapter does not apply to:
(1)  a person who exclusively employs appraisers on an employer and employee basis for the performance of appraisals;
(2)  a person acting as an appraisal firm as defined by board rule that at all times during a calendar year employs on an exclusive basis as independent contractors not more than 15 appraisers for the performance of appraisals;
(3)  a financial institution, including a department or unit within the institution, that is regulated by an agency of this state or the United States government;
(4)  subject to Subsection (b), a person who enters into an agreement with an appraiser for the performance of an appraisal that on completion results in a report signed by both the appraiser who completed the appraisal and the appraiser who requested completion of the appraisal;
(5)  an appraisal management company:
(A)  operating only in this state with an appraisal panel of not more than 15 appraisers at all times during a calendar year; or
(B)  operating in multiple states, including this state, with an appraisal panel of not more than 24 appraisers in all states at all times during a calendar year;
(6)  an appraisal management company that is a subsidiary owned and controlled by a financial institution that is subject to appraisal independence standards at least as stringent as those under Section 1104.203 or the Truth in Lending Act (15 U.S.C. Section 1601 et seq.) through regulation by an agency of this state or the United States government; or
(7)  subject to Section 1104.052(c), a federally regulated appraisal management company.
(b)  An appraisal management company may not require an employee of the appraisal management company who is an appraiser to sign an appraisal that is completed by another appraiser who contracts with the appraisal management company in order to avoid the requirements of this chapter.
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. 2, eff. September 1, 2017.
2023 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 B. Board Powers and Duties › Section 1104.051. Rules

Sec. 1104.051.  RULES.  The board may adopt rules necessary to administer the provisions of this chapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 256 (H.B. 1146), Sec. 2, eff. September 1, 2011.
2023 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 B. Board Powers and Duties › Section 1104.052. Fees

Sec. 1104.052.  FEES.  (a)  Subject to Subsection (b), the board by rule shall establish application, renewal, and other fees in amounts so that the sum of the fees paid by all appraisal management companies seeking registration under this chapter is sufficient for the administration of this chapter.
(b)  The board shall collect from each appraisal management company registered under this chapter the national registry fee required by the appraisal subcommittee for each person who is on the appraisal panel of the company and licensed or certified as an appraiser in this state.
(c)  Notwithstanding Section 1104.004, the board shall collect from each federally regulated appraisal management company operating in this state:
(1)  the national registry fee required by the appraisal subcommittee;
(2)  information regarding the determination of the national registry fee as required by the appraisal subcommittee;
(3)  a fee in an amount that is sufficient for the administration of this subsection as established by board rule; and
(4)  any other information required by state or federal law.
(d)  The board shall deposit the national registry fees collected under this section to the credit of the appraiser registry account in the general revenue fund.
(e)  The national registry fees collected under this section shall be sent to the appraisal subcommittee regularly as required by federal 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. 3, eff. September 1, 2017.
2023 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 C. Registration Requirements › Section 1104.101. Registration Required

Sec. 1104.101.  REGISTRATION REQUIRED.  Unless a person is registered under this chapter, a person may not:
(1)  act or attempt to act as an appraisal management company;
(2)  provide or attempt to provide appraisal management services; or
(3)  advertise or represent or attempt to advertise or represent the person as an appraisal management company.
Added by Acts 2011, 82nd Leg., R.S., Ch. 256 (H.B. 1146), Sec. 2, eff. September 1, 2011.
2023 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 C. Registration Requirements › Section 1104.102. Eligibility for Registration; Ownership

Sec. 1104.102.  ELIGIBILITY FOR REGISTRATION; OWNERSHIP.  (a)  A person who has had a license or certificate to act as an appraiser denied, revoked, or surrendered in lieu of revocation in any state may not own in any manner an appraisal management company registered or applying for registration under this chapter unless:
(1)  the person has subsequently had the license or certificate to act as an appraiser granted or reinstated; and
(2)  the license or certificate to act as an appraiser was denied, revoked, or surrendered for a nonsubstantive reason as determined by the board.
(b)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 107 (S.B. 1516), Sec. 25, eff. September 1, 2017.
(c)  A person owning more than 10 percent of an appraisal management company in this state must submit to a background investigation, as determined by the board.
(d)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 107 (S.B. 1516), Sec. 25, eff. September 1, 2017.
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. 4, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 107 (S.B. 1516), Sec. 25, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 334 (S.B. 624), Sec. 33, eff. September 1, 2019.
2023 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 C. Registration Requirements › Section 1104.103. Application for Registration or Renewal

Sec. 1104.103.  APPLICATION FOR REGISTRATION OR RENEWAL.  (a)  An applicant for registration or registration renewal under this chapter must submit:
(1)  an application on a form approved by the board; and
(2)  the application or renewal fee established under Section 1104.052(a).
(b)  The application must contain:
(1)  the name, business address, and telephone contact information of the applicant seeking registration;
(2)  if the applicant is not a corporation domiciled in this state, the name and contact information for the applicant's agent for service of process in this state;
(3)  the name, address, and contact information for any person that owns more than 10 percent of the applicant;
(4)  the name, address, and contact information for at least one controlling person;
(5)  the designation of a primary contact under Section 1104.104;
(6)  the name and contact information of at least one appraiser designated by the applicant to respond to and communicate with appraisers on the applicant's appraisal panel regarding appraisal assignments;
(7)  a certification that the applicant has a system in place to ensure compliance with Subchapter D and Section 129E of the Truth in Lending Act (15 U.S.C. Section 1601 et seq.);
(8)  a written irrevocable consent to service of process; and
(9)  any other information required by the board to approve the application.
(c)  The board shall adopt rules regarding registration and the renewal of a registration under this chapter.
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. 5, eff. September 1, 2017.
2023 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 C. Registration Requirements › Section 1104.104. Designation of Primary Contact

Sec. 1104.104.  DESIGNATION OF PRIMARY CONTACT.  (a)  An appraisal management company applying for registration under this chapter shall designate one controlling person as the primary contact for all communication between the board and the company.
(b)  The controlling person designated under Subsection (a):
(1)  must:
(A)  be certified as an appraiser in at least one state at all times during the designation; or
(B)  have completed:
(i)  the 15-hour national Uniform Standards of Professional Appraisal Practice course; and
(ii)  the seven-hour national Uniform Standards of Professional Appraisal Practice update course not more than two years before the renewal of the appraisal management company's registration;
(2)  may not have had a license or certificate to act as an appraiser denied, revoked, or surrendered in lieu of revocation in any state unless:
(A)  the person has subsequently had the license or certificate to act as an appraiser granted or reinstated; and
(B)  the license or certificate to act as an appraiser was denied, revoked, or surrendered for a nonsubstantive reason as determined by the board; and
(3)   shall submit to a background investigation, as determined by the board.
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. 6, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 334 (S.B. 624), Sec. 34, eff. September 1, 2019.
2023 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 C. Registration Requirements › Section 1104.105. Denial of Registration or Renewal

Sec. 1104.105.  DENIAL OF REGISTRATION OR RENEWAL.  (a)  The board may deny an application for registration or registration renewal:
(1)  if an applicant fails to satisfy a requirement of this chapter; or
(2)  on a determination by the board that:
(A)  there is reasonable evidence that any person who owns an interest in the appraisal management company or any controlling person of the company has had a license or certification as an appraiser or a registration as an appraisal management company suspended, revoked, or put on probation in any state;
(B)  the applicant has, while registered under this chapter, demonstrated incompetency, untrustworthiness, or conduct or practices that render the registrant unfit to perform appraisal management services; or
(C)  the applicant no longer performs appraisal management services in good faith and is a source of detriment, injury, or loss to the public.
(a-1)  The board may deny an application for registration renewal if the applicant is in violation of a board order.
(b)  The board shall immediately provide written notice to the applicant of the board's denial of a registration or of a registration renewal under this chapter.
(c)  An appeal of the denial of a registration or of the renewal of a registration 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. 7, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 334 (S.B. 624), Sec. 35, eff. September 1, 2019.
2023 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 C. Registration Requirements › Section 1104.106. Issuance and Publication of Registration Number

Sec. 1104.106.  ISSUANCE AND PUBLICATION OF REGISTRATION NUMBER.  The board shall:
(1)  issue a unique registration number to each appraisal management company registered under this chapter; and
(2)  publish annually a list of the companies registered under this chapter and the registration number of each company.
Added by Acts 2011, 82nd Leg., R.S., Ch. 256 (H.B. 1146), Sec. 2, eff. September 1, 2011.
2023 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 C. Registration Requirements › Section 1104.107. Expiration of Registration

Sec. 1104.107.  EXPIRATION OF REGISTRATION.  Unless renewed, a registration issued under this chapter expires on the second anniversary of the date the registration is issued.
Added by Acts 2011, 82nd Leg., R.S., Ch. 256 (H.B. 1146), Sec. 2, eff. September 1, 2011.