Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 159 - RULES RELATING TO THE PROVISIONS OF THE TEXAS APPRAISAL MANAGEMENT COMPANY REGISTRATION AND REGULATION ACT › Section 159.201 - Guidelines for Disciplinary Action

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				Board may take disciplinary action, or deny issuing or renewing a license to an
				applicant, any time it is determined that the person applying for, renewing, or
				holding the license or the AMC's primary contact:
(1) disregards or violates a provision of the
				AMC Act or Board rules;
(2) is
				convicted of a felony;
(3) fails to
				notify the Board not later than the 30th day after the date of the final
				conviction if the person, in a court of this or another state or in a federal
				court, has been convicted of or entered a plea of guilty or nolo contendere to
				a felony or a criminal offense involving fraud or moral turpitude;
(4) fails to notify the Board not later than
				the 30th day after the date of incarceration if the person, in this or another
				state, has been incarcerated for a criminal offense involving fraud or moral
				turpitude;
(5) fails to notify the
				Board of the following with regard to any professional or occupational license
				held by the person in Texas or another jurisdiction not later than the 30th day
				after the date:
(A) disciplinary action
				becomes final against the person; or
(B) the person voluntarily surrenders any
				professional or occupational license;
(6) fails to require appraisal assignments be
				completed in compliance with the USPAP edition in effect at the time of the
				appraisal or appraisal practice;
(7) acts or holds any person out as a
				registered AMC under the AMC Act or another state's act when not so licensed or
				certified;
(8) accepts payment for
				appraisal management services but fails to deliver the agreed service in the
				agreed upon manner;
(9) refuses to
				refund payment received for appraisal management services when he or she has
				failed to deliver the appraiser service in the agreed upon manner;
(10) accepts payment for services contingent
				upon a minimum, maximum, or pre-agreed value estimate;
(11) offers to perform appraisal management
				services or agrees to perform such services when employment to perform such
				services is contingent upon a minimum, maximum, or pre-agreed value
				estimate;
(12) makes a material
				misrepresentation or omission of material fact;
(13) has had a registration as an AMC
				revoked, suspended, or otherwise acted against by any other jurisdiction for an
				act which is an offense under Texas law;
(14) procures a registration pursuant to the
				AMC Act by making false, misleading, or fraudulent representation;
(15) has had a final civil judgment entered
				against him or her on any one of the following grounds:
(A) fraud;
(B) intentional or knowing misrepresentation;
				or
(C) grossly negligent
				misrepresentation in the making of real estate appraiser
				services;
(16) fails to
				make good on a payment issued to the Board within 30 days after the Board has
				mailed a request for payment by certified mail to the license holder's primary
				contact as reflected in the Board's records;
(17) knowingly or willfully engages in false
				or misleading conduct or advertising with respect to client
				solicitation;
(18) uses any title,
				designation, initial or other insignia or identification that would mislead the
				public as to that person's credentials, qualifications, competency, or ability
				to provide appraisal management services;
(19) requires an appraiser to pay for or
				reimburse the AMC for a criminal history check;
(20) fails to comply with a final order of
				the Board; or
(21) fails to answer
				all inquiries concerning matters under the jurisdiction of the Board within 20
				days of notice to said person's or primary contact's address of record, or
				within the time period allowed if granted a written extension by the
				Board.