reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 157 - RULES RELATING TO PRACTICE AND PROCEDURE › Subchapter B - CONTESTED CASE HEARINGS › Section 157.9 - Notice of Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) The notice of
				  hearing must comply with Chapter 2001, Texas Government Code.
(b) The notice of hearing shall be served not
				  later than the 30th day before the hearing date.
(c) Service of notice of hearing must be made
				  in the manner prescribed by Chapter 2001, Texas Government Code, and the rules
				  of the State Office of Administrative Hearings. Notice to a person who is a
				  current license holder or applicant of the Board is complete and effective if
				  sent by certified mail, return receipt requested, to the respondent's or
				  applicant's mailing address and sent by:
(1)
				  electronic mail to the address as shown in the Board's records; or
(2) first class mail.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 157 - RULES RELATING TO PRACTICE AND PROCEDURE › Subchapter B - CONTESTED CASE HEARINGS › Section 157.10 - Right to Counsel; Right to Participate

Current through Reg. 49, No. 28; July 12, 2024
(a) All parties, at their own expense, may be
				  represented by counsel. This right may be expressly waived. Parties are
				  entitled to respond and present evidence and argument on all issues involved,
				  and to conduct cross examinations for full and true disclosure of the
				  facts.
(b) Costs of a transcript of
				  a SOAH proceeding ordered by a party shall be paid by that party. Costs of a
				  transcript of a SOAH proceeding ordered by the judge shall be split equally
				  between the parties.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 157 - RULES RELATING TO PRACTICE AND PROCEDURE › Subchapter B - CONTESTED CASE HEARINGS › Section 157.11 - Contested Cases; Entry of Appearance; Continuance

Current through Reg. 49, No. 28; July 12, 2024
(a) When a contested case has been
				  instituted, the respondent or the representative of the respondent shall enter
				  an appearance not later than 20 days after the date of receipt of notice of
				  hearing.
(b) For purposes of this
				  section, a contested case shall mean any action that is referred by the Board
				  to the State Office of Administrative Hearings.
(c) For purposes of this section, an entry of
				  appearance shall mean the filing of a written answer or other responsive
				  pleading with the State Office of Administrative Hearings.
(d) The filing of an untimely appearance by a
				  party, or entering an appearance at the contested case hearing entitles the
				  Board to a continuance of the hearing in the contested case at the Board's
				  discretion for such a reasonable period of time as determined by the
				  administrative law judge, but not for a period of less than 20 days. For
				  purposes of this section, an untimely appearance is an appearance not entered
				  within 20 days of the date the respondent has received notice.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 157 - RULES RELATING TO PRACTICE AND PROCEDURE › Subchapter B - CONTESTED CASE HEARINGS › Section 157.12 - Failure to Attend Hearing; Default

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  SOAH rules regarding Default Proceedings and Dismissal Proceedings apply when a
				  respondent or applicant fails to appear on the day and time set for hearing in
				  a contested case. If a respondent or applicant fails to appear at a contested
				  case hearing, the Board's staff may move either for dismissal of the case from
				  SOAH's docket or for the issuance of a default proposal for decision by the
				  administrative law judge.
(b) If
				  the administrative law judge issues a default proposal for decision or an order
				  dismissing the case from the SOAH docket, the factual allegations included in
				  the notice sent to respondent or applicant are deemed admitted as true and,
				  upon return of the case from SOAH, the Board shall enter a default order
				  against the respondent or applicant.
(c) No additional proof is required to be
				  submitted to the Board before the Board enters the final default
				  order.
(d) The administrative law
				  judge may award reasonable costs to the Board as authorized in §
										1103.523 and §
										1104.2132,
				  Texas Occupations Code.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 157 - RULES RELATING TO PRACTICE AND PROCEDURE › Subchapter B - CONTESTED CASE HEARINGS › Section 157.13 - Ex Parte Consultations

Current through Reg. 49, No. 28; July 12, 2024
A member of the Board may not communicate, directly or
					 indirectly, in connection with any issue of fact or law with any person, party,
					 or their representative except on notice and opportunity for all parties to
					 participate. A member of the Board may communicate ex parte with employees of
					 the Board who have not participated in any hearing in the case for the purpose
					 of utilizing the special skills or knowledge of the Board and its staff in
					 evaluating the evidence.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 157 - RULES RELATING TO PRACTICE AND PROCEDURE › Subchapter B - CONTESTED CASE HEARINGS › Section 157.14 - Informal Disposition

Current through Reg. 49, No. 28; July 12, 2024
Informal disposition may be made of any contested case by
					 stipulation, agreed settlement, consent order or default. No stipulation or
					 agreed settlement between the parties or their attorneys or representatives,
					 with regard to any matter involved in any proceeding before the Board, shall be
					 enforced unless it shall have been reduced to writing and signed by the parties
					 or their authorized representatives and made a part of the record, or unless it
					 shall have been dictated into the record by them during the course of a hearing
					 or incorporated in an order bearing their written approval.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 157 - RULES RELATING TO PRACTICE AND PROCEDURE › Subchapter C - POST HEARING › Section 157.15 - Decision

Current through Reg. 49, No. 28; July 12, 2024
(a) The administrative law judge shall serve
				  on the parties a proposal for decision which shall contain:
(1) a statement of the administrative law
				  judge's proposed reasons for the decision;
(2) findings of fact and conclusions of law,
				  separately stated, that are necessary to the proposed decision; and
(3) a recommendation, separately stated from
				  the findings of fact and conclusions of law, for:
(A) disciplinary action;
(B) an administrative penalty; or
(C) both.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 157 - RULES RELATING TO PRACTICE AND PROCEDURE › Subchapter C - POST HEARING › Section 157.16 - Exceptions and Replies

Current through Reg. 49, No. 28; July 12, 2024
(a) Entitlement.
				  Any party of record who is aggrieved by the administrative law judge's decision
				  shall have the opportunity to file exceptions to the decision within 20 days
				  from the date of service of the decision. Replies to the exceptions may be
				  filed by the other party within 20 days of the filing of the
				  exceptions.
(b) Exceptions and
				  replies shall be filed with the administrative law judge.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 157 - RULES RELATING TO PRACTICE AND PROCEDURE › Subchapter C - POST HEARING › Section 157.18 - Motions for Rehearing

Current through Reg. 49, No. 28; July 12, 2024
(a) Motions for
				  rehearing in proceedings under Chapter 1103, Texas Occupations Code, are
				  governed by §§2001.144 -
				  2001.147,
				  Texas Government Code, and this section.
(b) Motions for rehearing in proceedings
				  under Chapter 1104, Texas Occupations Code, are governed by §
										1104.216,
				  Texas Occupations Code, §§2001.144 -
				  2001.147,
				  Texas Government Code, and this section.
(c) A timely-filed motion for rehearing is a
				  prerequisite to appeal, except as provided in §
										157.17
				  of this subchapter. The motion must be filed with the Board by:
(1) delivering the motion in-person to the
				  Board's headquarters;
(2) sending
				  the motion via email to general.counsel@talcb.texas.gov; or
(3) sending the motion via fax to (512)
				  936-3788, ATTN: TALCB General Counsel.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 157 - RULES RELATING TO PRACTICE AND PROCEDURE › Subchapter C - POST HEARING › Section 157.20 - Judicial Review

Current through Reg. 49, No. 28; July 12, 2024
(a) A person who
				  has exhausted all administrative remedies and who is aggrieved by a final
				  decision in a contested case is entitled to judicial review.
(b) The petition for judicial review must be
				  filed in a district court of Travis County, Texas, as provided in Chapter 2001,
				  Texas Government Code .
(c)
				  Pursuant to Texas Government Code, §
										2001.177,
				  a party seeking judicial review of a final decision of the Texas Appraiser
				  Licensing and Certification Board in a contested case shall pay all costs of
				  preparing the original or certified copy of a record of the contested case
				  proceedings.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 157 - RULES RELATING TO PRACTICE AND PROCEDURE › Subchapter D - PENALTIES AND OTHER ENFORCEMENT PROVISIONS › Section 157.25 - Temporary Suspension

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of
				  a temporary suspension proceeding is to determine whether the continued
				  practice by a person licensed, certified or registered by the Board would
				  constitute a continuing threat to the public welfare. A temporary suspension
				  proceeding is ancillary to a disciplinary proceeding regarding alleged
				  violations of the Act or Board rules and is not dispositive concerning any such
				  violations.
(b) Board staff may
				  request the Board to grant a temporary suspension if:
(1) the Board has opened a complaint
				  investigation against a license holder; and
(2) the following criteria are met:
(A) credible evidence shows:
(i) a license holder may continue to engage
				  in conduct that may violate the Act, Board rules, or USPAP;
(ii) the license holder's conduct involves
				  recent or current appraisal practice; and
(B) sufficient evidence is available to
				  proceed with a contested case hearing within 45 days of a temporary suspension
				  proceeding.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 157 - RULES RELATING TO PRACTICE AND PROCEDURE › Subchapter D - PENALTIES AND OTHER ENFORCEMENT PROVISIONS › Section 157.26 - Unlicensed Activity

Current through Reg. 49, No. 28; July 12, 2024
If the Board receives information indicating that a person
					 has violated Chapter 1103 or 1104, Texas Occupations Code, or Board rules, the
					 Board shall conduct an investigation to determine if such information is
					 accurate. If the investigation produces evidence to indicate a probable
					 violation of Chapter 1103 or Chapter 1104, Texas Occupations Code, or Board
					 rules, the Board may, after notice and an opportunity for a hearing:
(1) impose an administrative
				  penalty;
(2) issue an order to
				  cease and desist; or
(3) take such
				  other action as may be necessary and proper.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 157 - RULES RELATING TO PRACTICE AND PROCEDURE › Subchapter E - ALTERNATIVE DISPUTE RESOLUTION › Section 157.30 - Alternative Dispute Resolution

Current through Reg. 49, No. 28; July 12, 2024
(a) It is
				  the Board's policy to encourage the fair and expeditious resolution of all
				  formal complaint matters through voluntary settlement procedures. The Board's
				  Alternative Dispute Resolution (ADR) procedures are set out in this subchapter,
				  however, the Board encourages the resolution of disputes at any time, whether
				  under this subchapter or not.
(b)
				  ADR may be requested by the Board, a respondent or an applicant any time after
				  the Board initiates a formal complaint against a respondent or denies an
				  application.
(c) This subchapter
				  may apply to a contested case upon unanimous motion of the parties and at the
				  discretion of the administrative law judge. In such cases, it is within the
				  discretion of the judge to grant a continuance of the hearing to allow the use
				  of ADR.
(d) A contingent dismissal
				  is a method of alternative dispute resolution available only at the discretion
				  of the Board and its staff. An administrative law judge may not recommend a
				  contingent dismissal as a method to resolve a contested case.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 157 - RULES RELATING TO PRACTICE AND PROCEDURE › Subchapter E - ALTERNATIVE DISPUTE RESOLUTION › Section 157.31 - Investigative Conference

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board may
				  request an applicant or respondent to schedule an investigative conference to
				  discuss a pending license application or the allegations of a pending
				  complaint.
(b) The applicant or
				  respondent may choose to have the investigative conference:
(1) in person at the Board's office in
				  Austin, Texas;
(2) by
				  telephone;
(3) by video conference;
				  or
(4) in writing.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 157 - RULES RELATING TO PRACTICE AND PROCEDURE › Subchapter E - ALTERNATIVE DISPUTE RESOLUTION › Section 157.32 - Negotiated Settlement

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board staff
				  and the respondent or applicant may enter into a settlement agreement following
				  negotiations at any time without first engaging in an investigative
				  conference.
(b) Negotiations may be
				  conducted in person, by telephone, video conference, or through any form of
				  written communication, including email.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 157 - RULES RELATING TO PRACTICE AND PROCEDURE › Subchapter E - ALTERNATIVE DISPUTE RESOLUTION › Section 157.33 - Mediation

Current through Reg. 49, No. 28; July 12, 2024
(a) If a resolution cannot be reached through
				  an investigative conference or negotiated settlement and with the consent of
				  all parties, the Board may schedule an original mediation with SOAH before
				  filing a petition on the formal complaint with SOAH. Mediation will be set for
				  either a four (4) hour or eight (8) hour session, at the discretion of the
				  Board, based on the nature and complexity of the formal complaint. The Board
				  will not refuse any reasonable request for mediation, as determined by the
				  Director of TALCB or his or her designee. Neither a petition nor a reply is
				  required to be filed with SOAH with an original mediation request.
(b) After the Board files a Request to Docket
				  form for mediation, SOAH will advise the parties of the mediator and the date,
				  time and place for the mediation.
(c) The parties at the mediation must have
				  authority to settle, provided however, all agreements signed by Board staff at
				  the mediation are subject to final approval by the Board.
(d) If the mediator is a SOAH judge, that
				  person will not also sit as the administrative law judge for the contested case
				  hearing if mediation is not successful.
(e) A respondent or applicant participating
				  in a mediation at SOAH will pay one-half (1/2) of SOAH's fees incurred for the
				  mediation directly to the Board before the date of the mediation. SOAH's fee
				  for mediation will be based on the contract rate that SOAH bills the Board. If
				  mediation does not take place due to settlement or cancellation by one of the
				  parties, the Board will return the fee paid by the respondent or applicant,
				  less one-half (1/2) any fees incurred in connection with mediation.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 157 - RULES RELATING TO PRACTICE AND PROCEDURE › Subchapter E - ALTERNATIVE DISPUTE RESOLUTION › Section 157.36 - Stipulations

Current through Reg. 49, No. 28; July 12, 2024
If Alternative Dispute Resolution does not result in the
					 full settlement of a matter, the parties, in conjunction with the mediator if
					 applicable, may limit the issues in a contested case through the entry of
					 written stipulations. Such stipulations shall be forwarded or formally
					 presented to the administrative law judge assigned to conduct the contested
					 case hearing on the merits and shall be made part of the hearing
					 record.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 157 - RULES RELATING TO PRACTICE AND PROCEDURE › Subchapter E - ALTERNATIVE DISPUTE RESOLUTION › Section 157.37 - Agreements

Current through Reg. 49, No. 28; July 12, 2024
(a) Except for contingent dismissals, all
				  agreements between or among parties that are reached as a result of Alternative
				  Dispute Resolution must be committed to writing, signed by the respondent or
				  applicant and a Board staff attorney and submitted to the Board for approval.
				  Once signed by the Board, the agreement will have the same force and effect as
				  a written contract.
(b) If the
				  Board does not approve a proposed settlement, the respondent or applicant will
				  be so informed and the matter will be referred to the Director of TALCB or his
				  or her designee to pursue appropriate action.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 157 - RULES RELATING TO PRACTICE AND PROCEDURE › Subchapter E - ALTERNATIVE DISPUTE RESOLUTION › Section 157.38 - Confidentiality

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as provided in subsections (c) and
				  (d) of this section, communications made by a participant during Alternative
				  Dispute Resolution (ADR) concerning the subject matter of the ADR, are
				  confidential, not subject to disclosure, and may not be used as evidence in any
				  proceeding.
(b) Any notes or record
				  made of or during ADR are confidential, and participants, including the
				  mediator, may not be required to testify in any proceedings relating to or
				  arising out of the matter in dispute or be subject to process requiring
				  disclosure of confidential information or data relating to or arising out of
				  the matter in dispute.
(c) An oral
				  communication or written material used in or made a part of ADR is admissible
				  or discoverable only if it is admissible or discoverable independent of
				  ADR.
(d) If this section conflicts
				  with other legal requirements for disclosure of communications or materials,
				  the issue of confidentiality may be presented to the judge to determine, in
				  camera, whether the facts, circumstances, and context of the communications or
				  materials sought to be disclosed warrant a protective order or whether the
				  communications or materials are subject to disclosure.
(e) All communications in a mediation between
				  parties and between each party and the mediator are confidential. No shared
				  information will be given to the other party unless the party sharing the
				  information explicitly gives the mediator permission to do so. Material
				  provided to the mediator will not be provided to other parties and will not be
				  filed or become part of the contested case record. All notes taken during
				  mediation will be destroyed at the end of the process.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 157 - RULES RELATING TO PRACTICE AND PROCEDURE › Subchapter F - RULEMAKING › Section 157.50 - Negotiated Rulemaking

Current through Reg. 49, No. 28; July 12, 2024
(a) It is the
				  Board's policy to employ negotiated rulemaking procedures when appropriate.
				  When the Board is of the opinion that proposed rules are likely to be complex,
				  or controversial, or to affect disparate groups, negotiated rulemaking will be
				  considered.
(b) When negotiated
				  rulemaking is to be considered, the Board will appoint a convener to assist it
				  in determining whether it is advisable to proceed. The convener shall have the
				  duties described in Government Code §
										2008.052 and shall
				  make a recommendation to the Executive Director to proceed or to defer
				  negotiated rulemaking. The recommendation shall be made after the convener, at
				  a minimum, has considered all of the items enumerated in Government Code §
										2008.052(c).
(c) Upon the convener's recommendation to
				  proceed, the Board shall initiate negotiated rulemaking according to the
				  provisions of Chapter
				  2008, Government
				  Code.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 157 - RULES RELATING TO PRACTICE AND PROCEDURE › Subchapter F - RULEMAKING › Section 157.51 - Petition for Adoption of Rules

Current through Reg. 49, No. 28; July 12, 2024
(a) Any
				  interested person, as defined by §
										2001.021,
				  Government Code, may request a rule be adopted, amended, or repealed by
				  submitting a written petition to the Board.
(b) The written petition must include:
(1) the person's full name, mailing address,
				  telephone number, and email address;
(2) a brief summary of the proposed action
				  and its desired effect;
(3) a
				  justification for the proposed action set out in narrative form with sufficient
				  particularity to inform the Board the reasons and arguments on which the person
				  is relying;
(4) if proposing a new
				  rule, the text of the new rule in the exact form that is desired to be adopted;
				  and
(5) if proposing an amendment
				  or repeal, the specific section and text of the rule the person wants to
				  change, with deletions crossed through and additions underlined.
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 159.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
(a) AMC--Appraisal management
				company.
(b) AMC Act--Chapter
				1104, Texas
				Occupations Code, Texas Appraisal Management Company Registration and
				Regulation Act.
(c) Administrative
				law judge--A judge employed by the State Office of Administrative Hearings
				(SOAH).
(d) Advertising--A written
				or oral statement or communication by or on behalf of an AMC that induces or
				attempts to induce a member of the public to use the services of the AMC,
				including but not limited to all publications, radio or television broadcasts,
				all electronic media including email, text messages, social networking
				websites, and the Internet, business stationery, business cards, signs and
				billboards.
(e) Applicant--A person
				seeking to become registered or renew a registration under the AMC
				Act.
(f) Appraisal firm--An entity
				that employs appraisers on an exclusive basis and receives compensation for
				performing appraisals and issuing appraisal reports in its own name.
(g) Appraiser contact--A person designated by
				an AMC pursuant to §1104.103(b)(6) of the AMC Act to respond to and
				communicate with appraisers on the AMC's appraisal panel regarding appraisal
				assignments.
(h) Board--The Texas
				Appraiser Licensing and Certification Board.
(i) Executive Director --The Executive
				Director of the Board.
(j) Day--A
				calendar day unless clearly indicated otherwise.
(k) Federally Regulated Appraisal Management
				Company--an appraisal management company as defined in §1104.003(b) of the
				AMC Act.
(l) License--The whole or
				a part of any Board permit, certificate, approval, registration or similar form
				of permission required by Chapter
				1103 or
				1104, Texas
				Occupations Code.
(m) License
				holder--A person licensed or registered by the Board under the AMC
				Act.
(n) Party--The Board and each
				person named or admitted as a party.
(o) Person--Any individual, partnership,
				corporation, or legal entity.
(p)
				Primary contact--A person who meets the definition of "controlling person" in
				§1104.003 of the AMC Act and is designated by an AMC pursuant to
				§1104.104 of the AMC Act as the primary contact for all communication
				between the Board and the AMC.
(q)
				Respondent--Any person subject to the jurisdiction of the Board, registered or
				unregistered, against whom any complaint has been made.
(r) SOAH--State Office of Administrative
				Hearings.
(s) USPAP--Uniform
				Standards of Professional Appraisal Practice.
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 159.3 - Appraisal Management Company Advisory Committee

Current through Reg. 49, No. 28; July 12, 2024
(a) A quorum
				consists of three members of the committee.
(b) The committee may meet at the call of the
				chair or upon the request of a majority of its members. The committee shall
				meet at the request of the Board.
(c) Unless state law or Board rules require
				otherwise, meetings shall be conducted in accordance with Robert's Rules of
				Order.
(d) At the end of a term,
				members shall continue to serve until their successors are qualified.
(e) The committee is automatically abolished
				on December 31, 2026, unless the Board subsequently establishes a different
				date.
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 159.4 - Exemptions

Current through Reg. 49, No. 28; July 12, 2024
(a) This chapter does not apply to appraisal
				management services provided:
(1) for the
				appraisal of:
(A) commercial property;
				or
(B) residential properties of
				more than four units; or
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 159.52 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board will charge and the Executive
				Director will collect the following fees:
(1)
				a fee of $3,300 for an application for a two-year registration;
(2) a fee of $3,000 for a timely renewal of a
				two-year registration;
(3) a fee
				equal to 1-1/2 times the timely renewal fee for the late renewal of a
				registration within 90 days of expiration; a fee equal to two times the timely
				renewal fee for the late renewal of a registration more than 90 days but less
				than six months after expiration;
(4) the national registry fee in the amount
				charged by the Appraisal Subcommittee for the AMC registry;
(5) a fee of $500 for untimely payment of the
				AMC national registry fee;
(6) a
				fee of $10 for each appraiser on a panel at the time of renewal of a
				registration;
(7) a fee of $5 to
				add an appraiser to a panel in the Board's records;
(8) a fee of $5 for the termination of an
				appraiser from a panel;
(9) a fee
				of $50 to return to active status;
(10) a fee of $50 for evaluation of an owner
				or primary contact's background history not submitted with an original
				application or renewal;
(11) any
				fee required by the Department of Information Resources for establishing and
				maintaining online applications or as a subscription or convenience fee for use
				of an online payment system; and
(12) a fee in the amount necessary to
				administer section 1104.052(c) of the AMC Act.
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 159.101 - Use of Business Name

Current through Reg. 49, No. 28; July 12, 2024
A license holder must notify the Board, on a form approved by
				  the Board, within 30 days after the license holder starts or stops using a
				  business name other than the name in which the license holder is
				  registered.
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 159.102 - Eligibility for Registration; Ownership

Current through Reg. 49, No. 28; July 12, 2024
(a) If an owner of
				the applicant has had a license to act as an appraiser denied, revoked, or
				surrendered, the Board may require the applicant to provide information
				concerning whether the owner's license was denied, revoked, or surrendered for
				a nonsubstantive reason as determined by the Board.
(b) For purposes of this Chapter, a
				nonsubstantive reason may include, but is not limited to:
(1) mistake; or
(2) failure to comply with technical
				requirements for renewal.
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 159.103 - Applications

Current through Reg. 49, No. 28; July 12, 2024
(a) An application
				must be accompanied by one completed and signed Owner/Primary Contact
				Background History form for the primary contact and each owner of more than 10%
				of the company.
(b) An application
				may be rejected if incomplete.
(c)
				An application is subject to no further evaluation or processing if an
				applicant fails to provide information or documentation within 60 days after
				the Board makes written request for the information or documentation.
(d) License holders must retain documents
				establishing ownership for a period of five years from the date the application
				was filed.
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 159.104 - Primary Contact; Appraiser Contact; Controlling Person; Contact Information

Current through Reg. 49, No. 28; July 12, 2024
(a) Contact Information. For purposes of
				conducting business with the Board and receiving correspondence, service of
				documents, or notices from the Board, each applicant or license holder must
				provide the Board with the following contact information for its primary
				contact and appraiser contact:
(1) mailing
				address;
(2) phone number;
				and
(3) email
				address.
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 159.105 - Denial of Registration or Renewal of Registration

Current through Reg. 49, No. 28; July 12, 2024
(a) AMCs, persons who own more than 10%
				interest in an AMC, and individuals who act as the primary contact for an AMC
				must be honest, trustworthy, and reliable. Accordingly, such persons must
				satisfy the Board of their honesty, integrity, and trustworthiness before a
				registration may be issued and upon renewal.
(b) The board deems the following felonies
				and misdemeanors directly related to the field of appraisal management and
				suggestive of a lack of the requisite moral character:
(1) offenses involving fraud or
				misrepresentation;
(2) offenses
				against real or personal property belonging to another, if committed knowingly
				or intentionally;
(3) offenses
				against public administration;
(4)
				offenses involving the sale or other disposition of real or personal property
				belonging to another without authorization of law;
(5) offenses involving moral turpitude;
				and
(6) offenses of attempting or
				conspiring to commit any of the foregoing offenses.
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 159.107 - Expiration

Current through Reg. 49, No. 28; July 12, 2024
A registration is valid for the term for which it is issued
				  by the Board.
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 159.108 - Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a) Renewal Notice.
(1) The Board will send a renewal notice to
				the license holder's primary contact at least 90 days prior to the expiration
				of the license.
(2) Failure to
				receive a renewal notice from the Board does not relieve the license holder of
				the responsibility to timely apply for renewal.
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 159.109 - Inactive Status

Current through Reg. 49, No. 28; July 12, 2024
(a) To elect to be
				placed on inactive status, a license holder must do the following:
(1) file a request for inactive status on a
				form approved by the Board; and
(2)
				confirm in writing to the Board that the license holder has given written
				notice of its election to go inactive to all appraisers listed on the license
				holder's appraiser panel at least 30 days prior to filing the request for
				inactive status.
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 159.110 - AMC National Registry

Current through Reg. 49, No. 28; July 12, 2024
(a) For purposes of
				this rule, the term "AMC" includes each AMC registered with the Board under
				Chapter
				1104, Occupations
				Code, including AMCs with an active or inactive license status, and each
				federally regulated AMC operating in this state.
(b) An AMC must provide information to the
				Board and pay the required AMC Registry Fee on an annual basis.
(c) The Board will send notice to each AMC
				regarding payment of AMC Registry Fees on or before November 1st of each
				calendar year.
(d) On or after
				January 1st and before March 31st of the calendar year following the issuance
				of notice under subsection (c), each AMC must:
(1) Submit the information required to
				determine the applicable AMC Registry Fee; and
(2) Pay the applicable AMC Registry
				Fee.
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 159.154 - Competency of Appraisers

Current through Reg. 49, No. 28; July 12, 2024
(a) For purposes of
				§1104.154 of the AMC Act and this section, the term "assignment" means an
				appraisal assignment. This term does not include an appraisal review
				assignment.
(b) In addition to
				verifying an appraiser's licensure as required by §1104.152 of the AMC
				Act, an AMC must, at the time of or before making an assignment to an
				appraiser, obtain a written certification from the appraiser that the
				appraiser:
(1) is competent in the property
				type of the assignment;
(2) is
				competent in the geographical area of the assignment;
(3) has access to appropriate data sources
				for the assignment;
(4) will
				immediately notify the AMC if the appraiser later determines that he or she is
				not qualified under paragraph (1), (2), or (3) of this subsection to complete
				the assignment; and
(5) is aware
				that misrepresentation of competency is subject to the mandatory reporting
				requirement in §1104.160 of the AMC Act.
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 159.155 - Periodic Review of Appraisals

Current through Reg. 49, No. 28; July 12, 2024
(a) A license
				holder must have a written policy reflecting a process and controls in place to
				periodically review the work of appraisers performing appraisal services on 1-4
				family unit properties collateralizing mortgage obligations by performing a
				review in accordance with Standards 3 and 4 of USPAP.
(b) In accordance with
				1104.156 of the
				Occupations Code, upon request by the Board, a license holder shall produce a
				copy of the written policy and information demonstrating compliance with the
				policy.
(c) An appraiser is
				qualified to perform an appraisal review within the meaning of §1104.153
				of the AMC Act if the appraiser conducting the review:
(1) is licensed or certified to act as an
				appraiser in Texas or another jurisdiction;
(2) holds the appropriate credential to have
				performed the appraisal being reviewed; and
(3) does not develop an opinion of value. If
				the reviewer elects to develop an opinion of value within the review, the
				reviewer must be licensed or certified to act as an appraiser in
				Texas.
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 159.156 - Business Records

Current through Reg. 49, No. 28; July 12, 2024
(a) For the
				purposes of the requirement in §1104.156(c) of the AMC Act regarding
				retention of written records of substantive communications between an AMC and
				an appraiser, a communication is substantive if it relates to the appraiser's
				qualifications or to the scope of work of an assignment.
(b) An AMC may not require an appraiser to
				keep confidential the existence of the appraiser's business relationship with
				an AMC or the fact that the appraiser has received any specific assignment from
				the AMC to perform an appraisal.
(c) A business entity required to register as
				an AMC must maintain documentation showing that it has complied with the
				requirements contained in its governing documents for changing officers or
				managers. The business entity must promptly provide to the Board upon request
				all business formation, ownership and representative authorization records and
				changes thereto required to be kept by the business entity by law.
(d) Written records include electronic
				records.
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 159.157 - Compensation of Appraisers

Current through Reg. 49, No. 28; July 12, 2024
(a) A license
				holder must compensate the appraisers on the panel based on a compensation
				policy, established by the license holder, that provides for customary and
				reasonable fees by taking into consideration the requirements of and any
				presumptions available under federal law.
(b) A license holder must reassess its
				compensation policy at least annually and shall retain, for a period of five
				years, records of all compensation information that formed the basis for the
				policy.
(c) A license holder must
				make any fee schedule adopted under its compensation policy available to each
				appraiser on its panel.
(d) A
				license holder may not require an appraiser to sign a certification that a fee
				for an assignment is customary and reasonable.
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 159.159 - Disclosure of Registered Name and Registration Number

Current through Reg. 49, No. 28; July 12, 2024
(a) For the purposes of the AMC Act,
				"documents used to procure appraisals" include written documents and electronic
				communications, including e-mail, used for that purpose, but does not include
				general advertisements and supporting documentation.
(b) On all documents used to procure
				appraisals, an AMC must disclose the name it registered with the Board, any
				other name that it uses in business and the registration number received from
				the Board.
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 159.161 - Appraiser Panel

Current through Reg. 49, No. 28; July 12, 2024
(a) If an appraiser
				is not employed by the AMC or already a member of the AMC's panel, an AMC must
				add the appraiser to the AMC's panel no later than the date on which the AMC
				makes an assignment to the appraiser.
(b) To add an appraiser to a panel, the AMC
				must:
(1) initiate the appropriate two-party
				transaction through the Board's online panel management system, including
				payment of any required fee(s); or
(2) submit a notice on a form approved by the
				Board for this purpose, including the signatures of the appraiser and the AMC's
				primary contact, and the appropriate fee(s).
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 159.162 - Dispute Resolution

Current through Reg. 49, No. 28; July 12, 2024
(a) A license
				holder must provide a dispute resolution process for appraisers.
(b) The dispute resolution process must
				provide for either:
(1) review by an external
				third party; or
(2) internal review
				by a person whose position within the company is above the level of the person
				responsible for the decision or action under review.
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 159.202 - AMC Investigative Committee

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				Board Chair, with the advice and consent of the Executive Committee, may
				appoint an Investigative Committee pool at least every two years.
(b) A panel of the Investigative Committee
				shall consist of:
(1) one or two Board
				members;
(2) a member of the AMC
				Advisory Committee; and
(3) a TALCB
				Investigator.
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 159.204 - Complaint Processing

Current through Reg. 49, No. 28; July 12, 2024
(a) Receipt of a
				Complaint Intake Form by the Board does not constitute the filing of a formal
				complaint by the Board against the AMC named on the Complaint Intake Form. Upon
				receipt of a signed Complaint Intake Form, staff will:
(1) assign the complaint a case number in the
				complaint tracking system; and
(2)
				send written acknowledgement of receipt to the complainant.
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 159.205 - Identity Theft

Current through Reg. 49, No. 28; July 12, 2024
(a) For purposes of
				this subchapter, "identity theft" means any of the following activities
				occurring in connection with the rendition of appraisal management services:
(1) Unlawfully obtaining, possessing,
				transferring or using a license or license number issued by the Board;
				or
(2) Unlawfully obtaining,
				possessing, transferring or using a person's electronic or handwritten
				signature.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 160 - MEDICAL PHYSICISTS › Section 160.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) These rules are
				promulgated under the authority of the Medical Practice Act Title 3, Subtitle
				B, Texas Occupations Code and the Medical Physics Practice Act, Texas
				Occupations Code Annotated Chapter 602, concerning the licensure and regulation
				of medical physicists. The purpose of these rules is to:
(1) protect the health, safety, and welfare
				of the citizens of this state from harmful effects of radiation;
(2) protect the public from the practice of
				medical physicists by incompetent licensees.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 160 - MEDICAL PHYSICISTS › Section 160.3 - Meetings

Current through Reg. 49, No. 28; July 12, 2024
(a) The advisory
				committee shall meet as requested by the board to carry out the mandates of the
				Act.
(b) A meeting may be held by
				telephone conference call.
(c)
				Special meetings may be called by the president of the board, upon written
				request by the presiding officer of the committee signed by at least three
				members of the committee.
(d)
				Except as otherwise provided by this subchapter, the advisory committee is
				subject to Chapters 551, 552, and 1601 of the Texas Government Code.
(e) A majority of advisory committee members
				constitutes a quorum for all purposes, except when advisory committee members
				are participating in a proceeding of the board as described by Texas
				Occupations Code §
									602.151(b).
(f) Advisory committee meetings shall, to the
				extent possible, be conducted pursuant to the provisions of Robert's Rules of
				Order Newly Revised unless, by rule, the board adopts a different
				procedure.
(g) All issues requiring
				a vote of the committee shall be decided by a simple majority of the members
				present.