Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 153 - RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT › Section 153.20 - Guidelines for Disciplinary Action, Denial of License; Probationary License

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board may
				take disciplinary action or deny issuing a license to an applicant at any time
				the Board determines that the applicant or license holder:
(1) disregards or violates a provision of the
				Act or the 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 not later than the 30th day after the date disciplinary action becomes
				final against the person with regard to any occupational license the person
				holds in Texas or any other jurisdiction;
(6) fails to comply with the USPAP edition in
				effect at the time of the appraiser service;
(7) acts or holds himself or herself or any
				other person out as a person licensed under the Act or by another jurisdiction
				when not so licensed;
(8) accepts
				payment for appraiser services but fails to deliver the agreed service in the
				agreed upon manner;
(9) refuses to
				refund payment received for appraiser 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 except when such action
				would not interfere with the appraiser's obligation to provide an independent
				and impartial opinion of value and full disclosure of the contingency is made
				in writing to the client;
(11)
				offers to perform appraiser services or agrees to perform such services when
				employment to perform such services is contingent upon a minimum, maximum, or
				pre-agreed value estimate except when such action would not interfere with the
				appraiser's obligation to provide an independent and impartial opinion of value
				and full disclosure of the contingency is made in writing to the
				client;
(12) makes a material
				misrepresentation or omission of material fact;
(13) has had a license as an appraiser
				revoked, suspended, or otherwise acted against by any other jurisdiction for an
				act which is a crime under Texas law;
(14) procures, or attempts to procure, a
				license by making false, misleading, or fraudulent representation;
(15) fails to actively, personally, and
				diligently supervise an appraiser trainee or any person not licensed under the
				Act who assists the license holder in performing real estate appraiser
				services;
(16) 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;
(C) grossly
				negligent misrepresentation in the performance of appraiser
				services;
(17) fails to
				make good on a payment issued to the Board within thirty days after the Board
				has mailed a request for payment by certified mail to the license holder's last
				known business address as reflected by the Board's records;
(18) knowingly or willfully engages in false
				or misleading conduct or advertising with respect to client
				solicitation;
(19) misuses or
				misrepresents the type of classification or category of license
				number;
(20) engages in any other
				act relating to the business of appraising that the Board, in its discretion,
				believes warrants a suspension or revocation;
(21) 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 perform
				licensed appraisal services;
(22)
				fails to comply with an agreed order or a final order of the Board;
(23) fails to answer all inquiries concerning
				matters under the jurisdiction of the Board within 20 days of notice to said
				individual's address of record, or within the time period allowed if granted a
				written extension by the Board; or
(24) after conducting reasonable due
				diligence, knowingly accepts an assignment from an appraisal management company
				that is not exempt from registration under the Act which:
(A) has not registered with the Board;
				or
(B) is registered with the Board
				but has not placed the appraiser on its panel of appraisers maintained with the
				Board; or
(25) fails to
				approve, sign, and deliver to their appraiser trainee the appraisal experience
				log and certification required by §153.15 of this title for all experience
				actually and lawfully acquired by the trainee while under the appraiser's
				sponsorship.