CHAPTER 1103. REAL ESTATE APPRAISERS
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 A. GENERAL PROVISIONS
Sec. 1103.001. SHORT TITLE. This chapter may be cited as the
Texas Appraiser Licensing and Certification Act.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Sec. 1103.002. PURPOSE. The purpose of this chapter is to
conform state law relating to the regulation of real estate
appraisers to the requirements adopted under Title XI, Financial
Institutions Reform, Recovery, and Enforcement Act of 1989.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Sec. 1103.003. DEFINITIONS. In this chapter:
(1) "Appraisal" means:
(A) an estimate of value; or
(B) the act or process of estimating value.
(2) "Appraisal Foundation" means The Appraisal Foundation, as
defined by 12 U.S.C. Section 3350, or its successor.
(2-a) "Appraisal Standards Board" means the Appraisal Standards
Board of the Appraisal Foundation, or its successor.
(3) "Appraisal Subcommittee" means the Appraisal Subcommittee of
the Federal Financial Institutions Examination Council, or its
successor.
(4) "Appraiser Qualifications Board" means the Appraiser
Qualifications Board of the Appraisal Foundation, or its
successor.
(5) "Board" means the Texas Appraiser Licensing and
Certification Board.
(6) "Commissioner" means the commissioner of the Texas Appraiser
Licensing and Certification Board.
(6-a) "Federally related transaction" means a real
estate-related transaction that:
(A) requires the services of an appraiser; and
(B) is engaged in, contracted for, or regulated by a federal
financial institution regulatory agency.
(6-b) "Federal financial institution regulatory agency" means:
(A) the Board of Governors of the Federal Reserve System;
(B) the Federal Deposit Insurance Corporation;
(C) the Office of the Comptroller of the Currency;
(D) the Office of Thrift Supervision;
(E) the National Credit Union Administration; or
(F) the successors of any of those agencies.
(7) "State-certified real estate appraiser" or "certified
appraiser" means a person who is certified under this chapter.
(8) "State-licensed real estate appraiser" or "licensed
appraiser" means a person who is licensed under this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
703, Sec. 1, eff. September 1, 2005.
Sec. 1103.004. EFFECT OF CHAPTER. (a) Repealed by Acts 2005,
79th Leg., Ch. 703, Sec. 22, eff. September 1, 2005.
(b) This chapter does not prohibit:
(1) a person authorized by law from performing an evaluation of
real property for or providing an evaluation of real property to
another person;
(2) a real estate broker or salesperson licensed under Chapter
1101 but not certified or licensed under this chapter from
performing an appraisal in a transaction other than a federally
related transaction;
(3) the requirement that a person who is not certified or
licensed under this chapter be licensed as a real estate broker
or salesperson to perform an appraisal in a transaction other
than a federally related transaction; or
(4) a real estate broker or salesperson licensed under Chapter
1101 from giving an opinion if the opinion:
(A) is not referred to as an appraisal; and
(B) is given in the ordinary course of the broker's or
salesperson's business to:
(i) a potential seller or third party regarding the recommended
listing price of real property; or
(ii) a potential purchaser or third party regarding the
recommended purchase price of real property.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
703, Sec. 22, eff. September 1, 2005.
Sec. 1103.005. REAL ESTATE BROKER OR SALESPERSON LICENSE NOT
REQUIRED. A person is not required to be licensed as a real
estate broker or salesperson under Chapter 1101 to appraise real
property in this state if the person is:
(1) certified or licensed under this chapter;
(2) approved as an appraiser trainee under this chapter; or
(3) certified or licensed as a real estate appraiser by another
state.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Sec. 1103.006. APPLICATION OF SUNSET ACT. If the federal
government removes the requirements for the preparation or use of
an appraisal by federally regulated financial institutions, the
board is subject to Chapter 325, Government Code (Texas Sunset
Act), and is subject to sunset review in the next regular session
of the legislature following the date of the federal government's
action. Unless continued in existence by that legislature as
provided by that chapter, the board is abolished and this chapter
expires on the 90th day after the last day of the regular session
of that legislature.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
SUBCHAPTER B. TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD
Sec. 1103.051. TEXAS APPRAISER LICENSING AND CERTIFICATION
BOARD. The Texas Appraiser Licensing and Certification Board is
an independent subdivision of the Texas Real Estate Commission.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Sec. 1103.052. BOARD MEMBERSHIP. (a) The board consists of
nine members as follows:
(1) the executive secretary of the Veterans' Land Board or the
executive secretary's designee; and
(2) eight members appointed by the governor with the advice and
consent of the senate as follows:
(A) four members who are certified or licensed appraisers
actively engaged in the practice of appraising real property; and
(B) four public members who qualify for appointment based on
their recognized business ability.
(b) The executive secretary of the Veterans' Land Board or the
executive secretary's designee is a voting member of the board.
(c) In making appointments to the board, the governor shall
ensure that:
(1) a single appraisal organization is not overrepresented on
the board;
(2) the board is independent of a trade association, profession,
or industry; and
(3) the board represents:
(A) the diverse geographic areas of the state; and
(B) a cross-section of disciplines in the field of real estate
appraisal.
(d) Appointments to the board shall be made without regard to:
(1) the race, color, religion, sex, disability, familial status,
or national origin of the appointee; or
(2) the appointee's membership in an appraisal organization.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Sec. 1103.053. QUALIFICATIONS OF APPOINTED MEMBERS. (a) An
appointed member of the board must be a qualified voter of this
state.
(b) A person appointed to the board qualifies by taking the
constitutional oath of office not later than the 15th day after
the date of appointment.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Sec. 1103.054. ELIGIBILITY OF PUBLIC MEMBERS. A person is not
eligible for appointment as a public member of the board if the
person or the person's spouse:
(1) is a certified or licensed appraiser;
(2) is certified or licensed by an occupational regulatory
agency in the field of real estate brokerage or appraisal;
(3) owns or controls, directly or indirectly, a business entity
or other organization whose primary purpose is to engage in real
estate sales, brokerage, or appraisal; or
(4) is employed by or participates in the management of a
business entity or other organization whose primary purpose is to
engage in real estate sales, brokerage, or appraisal.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Sec. 1103.055. TERMS. (a) Appointed members of the board serve
staggered two-year terms, with the terms of two appraiser members
and two public members expiring on January 31 of each year.
(b) An appointed member may not serve more than three
consecutive two-year terms.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Sec. 1103.056. OFFICERS; EXECUTIVE COMMITTEE. (a) At a regular
meeting in February of each year, the board shall elect from its
members a presiding officer, assistant presiding officer, and
secretary.
(b) The officers elected under Subsection (a) constitute the
executive committee.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Sec. 1103.057. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the board that an appointed member:
(1) does not have at the time of appointment the qualifications
required by this subchapter for appointment to the board;
(2) does not maintain during service on the board the
qualifications required by this subchapter for appointment to the
board;
(3) cannot, because of illness or disability, discharge the
member's duties for a substantial part of the member's term; or
(4) is absent from more than half of the regularly scheduled
board meetings that the member is eligible to attend during a
calendar year, unless the absence is excused by a majority vote
of the board.
(b) The validity of an action of the board is not affected by
the fact that it is taken when a ground for removal of an
appointed board member exists.
(c) If the presiding officer of the board has knowledge that a
potential ground for removal of an appointed board member exists,
the presiding officer shall immediately notify the governor.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Sec. 1103.058. PER DIEM; REIMBURSEMENT. An appointed board
member is entitled to receive:
(1) $75 for each day the member engages in official duties as a
board member; and
(2) reimbursement for actual and necessary expenses incurred in
performing official duties as a board member.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Sec. 1103.059. QUASI-JUDICIAL IMMUNITY. A member of the board
is entitled to quasi-judicial immunity from suit for an action
that:
(1) is taken as a member of the board; and
(2) is in compliance with the law.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
SUBCHAPTER C. COMMISSIONER AND OTHER BOARD PERSONNEL
Sec. 1103.101. COMMISSIONER. (a) The administrator of the
Texas Real Estate Commission shall serve as commissioner.
(b) The board may delegate to the commissioner the
responsibility for administering this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1411, Sec. 44, eff. September 1, 2007.
Sec. 1103.102. OTHER BOARD PERSONNEL. In addition to the
commissioner, the board may employ other officers and employees
as necessary to administer this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Sec. 1103.103. SALARIES. (a) The administrator of the Texas
Real Estate Commission shall determine the salaries of the
officers and employees of the board.
(b) The amounts of the salaries may not exceed the amounts
specified by the General Appropriations Act.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1411, Sec. 45, eff. September 1, 2007.
Sec. 1103.104. DUTIES OF COMMISSIONER. The commissioner shall:
(1) disseminate information;
(2) administer rules adopted by the board under this chapter;
(3) review each application for a certificate or license and
make a recommendation for final action to the board;
(4) review and make recommendations to the board regarding the
adoption of rules relating to:
(A) the examination required by Subchapter F;
(B) education and experience requirements for issuance of
certificates and licenses;
(C) continuing education for a certified or licensed appraiser;
(D) standards of professional practice and ethics for a
certified or licensed appraiser;
(E) standards for a real estate appraisal performed by a
certified or licensed appraiser; and
(F) the fees established by the board under Section 1103.156;
(5) collect fees established by the board;
(6) manage the staff and employees of the board; and
(7) perform any other duty prescribed by the board under this
chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1411, Sec. 46, eff. September 1, 2007.
SUBCHAPTER D. BOARD POWERS AND DUTIES
Sec. 1103.151. RULES RELATING TO CERTIFICATES AND LICENSES. The
board may adopt:
(1) rules for certifying or licensing an appraiser or approving
an appraiser trainee in this state that are in accordance with
this chapter and consistent with applicable federal law;
(2) rules relating to the education and experience required for
certifying or licensing an appraiser or approving an appraiser
trainee that are consistent with the guidelines recognized by the
Appraiser Qualifications Board;
(3) rules relating to the examination required by Subchapter F;
and
(4) rules relating to procedures for the timely renewal of a
certificate or license.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
703, Sec. 2, eff. September 1, 2005.
Sec. 1103.152. APPRAISER CERTIFICATE AND LICENSE CATEGORIES.
The board may:
(1) establish certificate and license categories that are
consistent with the categories recognized by the Appraiser
Qualifications Board; and
(2) prescribe qualifications for each category that are
consistent with the qualifications established for that category
by the Appraiser Qualifications Board.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
703, Sec. 3, eff. September 1, 2005.
Sec. 1103.153. RULES RELATING TO CONTINUING EDUCATION. The
board may adopt rules relating to continuing education
requirements for a certified or licensed appraiser or an approved
appraiser trainee.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
703, Sec. 4, eff. September 1, 2005.
Sec. 1103.154. RULES RELATING TO PROFESSIONAL CONDUCT. The
board may adopt:
(1) rules as necessary to conform to the minimum written
standards of the Appraisal Standards Board by incorporating the
Uniform Standards of Professional Appraisal Practice;
(2) rules requiring a certified or licensed appraiser to comply
with standards of competency, professional conduct, and ethics
prescribed by the Uniform Standards of Professional Appraisal
Practice, as adopted by the Appraisal Standards Board; and
(3) rules relating to the standards for the development of an
appraisal and the conveyance of an appraisal report by a
certified or licensed appraiser that are consistent with the
Uniform Standards of Professional Appraisal Practice.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
703, Sec. 5, eff. September 1, 2005.
Sec. 1103.155. ROSTER. (a) The board shall maintain a roster
of persons who are certified or licensed under this chapter.
(b) The roster must indicate the type of certificate or license
held by each person listed.
(c) The board shall send a copy of the roster to the Appraisal
Subcommittee at least annually.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Sec. 1103.156. FEES. (a) The board may establish reasonable
fees to administer this chapter, including:
(1) an application fee for a certificate or license;
(2) an examination fee;
(3) a renewal fee for a certificate or license;
(4) a registration fee for a nonresident real estate appraiser;
(5) an application fee for an appraiser trainee;
(6) an annual renewal fee for an appraiser trainee;
(7) a fee for filing a request for a return to active status;
and
(8) other appropriate fees.
(b) The board shall collect from each certified or licensed
appraiser an annual registry fee in an amount established by the
board not to exceed the amount required by the Appraisal
Subcommittee. The board shall deposit the registry fees to the
credit of the appraiser registry account in the general revenue
fund.
(c) The fees collected under Subsection (b) shall be sent to the
Appraisal Subcommittee regularly as required by federal law.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 106, Sec. 1, eff.
Sept. 1, 2003.
SUBCHAPTER E. CERTIFICATE AND LICENSE REQUIREMENTS
Sec. 1103.201. CERTIFICATE OR LICENSE REQUIRED. (a) Unless the
person is certified under this chapter, a person may not:
(1) use the title "state-certified real estate appraiser"; or
(2) refer to an appraisal prepared by the person as a "certified
appraisal."
(b) Unless the person is licensed under this chapter, a person
may not:
(1) use the title "state-licensed real estate appraiser"; or
(2) refer to an appraisal prepared by the person as a "licensed
appraisal."
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Sec. 1103.202. ELIGIBILITY REQUIREMENTS FOR CERTIFICATE. To be
eligible for a certificate under this chapter, an applicant must:
(1) pass the examination required by Subchapter F;
(2) successfully complete the number and type of classroom hours
or other educational qualifications required by the Appraiser
Qualifications Board;
(3) provide evidence satisfactory to the board that the
applicant has at least the minimum number of hours of experience
in performing appraisals over the specified number of calendar
years as required by the Appraiser Qualifications Board; and
(4) satisfy the board as to the applicant's honesty,
trustworthiness, and integrity.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
703, Sec. 6, eff. September 1, 2005.
Sec. 1103.203. ELIGIBILITY REQUIREMENTS FOR LICENSE. To be
eligible for a license under this chapter, an applicant must:
(1) pass the examination required by Subchapter F;
(2) successfully complete the number and type of classroom hours
or other educational qualifications required by the guidelines of
the Appraiser Qualifications Board;
(3) provide evidence satisfactory to the board that the
applicant has at least the minimum number of hours of experience
in performing appraisals over the specified number of calendar
years as required by the guidelines of the Appraiser
Qualifications Board; and
(4) satisfy the board as to the applicant's honesty,
trustworthiness, and integrity.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
703, Sec. 7, eff. September 1, 2005.
Sec. 1103.204. FULFILLMENT OF EDUCATION REQUIREMENTS. (a) In
this section, "real estate-related financial transaction" means a
transaction involving:
(1) selling, leasing, purchasing, exchanging, investing in, or
financing real property or an interest in real property;
(2) refinancing real property or an interest in real property;
or
(3) using real property or an interest in real property as
security for a loan or investment, including a mortgage-backed
security.
(b) This chapter does not limit the amount of time in which an
applicant for a certificate or license is required to satisfy the
education requirements under this subchapter.
(c) The board shall give an applicant for a certificate or
license credit toward fulfilling the requirements of Sections
1103.202(2) and 1103.203(2) for classroom hours taken in the
course of becoming licensed as a real estate broker or
salesperson or for professional development or continuing
education courses taken, whether the classroom hours or courses
are taken by a person as a real estate broker or salesperson or
as an employee of a financial institution engaged in real
estate-related financial transactions, if the classroom hours or
courses satisfy the requirements established by the guidelines
recognized by the Appraiser Qualifications Board.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
703, Sec. 8, eff. September 1, 2005.
Sec. 1103.205. FULFILLMENT OF EXPERIENCE REQUIREMENTS. (a)
Except as provided by Section 1103.208, this chapter does not
limit the amount of time in which an applicant for a certificate
or license is required to satisfy the experience requirements
under this subchapter.
(b) An applicant for a certificate or license must provide an
affidavit on a form prescribed by the board stating that the
applicant has the required number of hours of experience in
performing appraisals as recognized by the Appraiser
Qualifications Board.
(c) For the purpose of determining the qualifications of an
applicant for a certificate or license under this chapter,
acceptable appraisal experience includes:
(1) any one or any combination of the categories recognized by
the Appraiser Qualifications Board; and
(2) experience as a real estate lending officer of a financial
institution or as a real estate broker that includes the actual
performance or technical review of real estate appraisals.
(d) For purposes of this subchapter, an hour of experience means
60 minutes spent in one or more of the acceptable areas of
appraisal experience recognized under this subchapter.
Calculation of the hours of experience must be based solely on
actual hours of experience.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
703, Sec. 9, eff. September 1, 2005.
Sec. 1103.206. VERIFICATION OF EDUCATION AND EXPERIENCE. (a)
The board shall adopt a reliable method to verify the evidence of
education submitted by an applicant for a certificate or license.
(b) The board shall adopt a reliable method to verify the
evidence of appraisal experience submitted by an applicant for a
certificate or license. The method must rely on appropriate
sampling techniques that are applied to not more than five
percent of the applications received by the board. An applicant
whose application is selected for verification has at least 60
days after the date of selection to prepare any records. The
board may not require the applicant to provide more information
than the information the board may obtain under Section 1103.207.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Sec. 1103.207. ADDITIONAL INFORMATION FROM CERTAIN APPLICANTS.
(a) In addition to the information or documentation specified by
this subchapter, the board may obtain other information or
documentation from an applicant for a certificate or license
under this chapter if the board determines that:
(1) a consumer complaint or peer complaint against the applicant
alleging fraud, incompetency, or malpractice is reasonable; or
(2) other just cause exists for requiring further information.
(b) The board may obtain the additional information or
documentation by:
(1) requiring the applicant to complete a form prescribed by the
board that includes a detailed listing of the applicant's
appraisal experience and states for each appraisal claimed by the
applicant:
(A) the municipality or county in which the appraisal was
performed;
(B) the type and description of the building or property
appraised;
(C) the approach to value used in the appraisal;
(D) the actual number of hours spent on the appraisal; and
(E) any other information determined appropriate by the board;
or
(2) engaging in other investigative research determined
appropriate by the board.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Sec. 1103.208. PROVISIONAL LICENSE FOR CERTAIN APPRAISER
TRAINEES. (a) An applicant for appraiser trainee
classification who demonstrates to the board that the applicant,
after completing the classroom education requirements, has failed
to secure sponsorship from at least two certified appraisers to
satisfy the experience requirement of Section 1103.203(3) may
apply to the board to take the examination required by Subchapter
F.
(b) The board shall issue a license under this section to an
applicant who:
(1) passes the examination required by Subchapter F; and
(2) satisfies any other requirements for a license, other than
the experience requirement of Section 1103.203(3).
(c) A license issued under Subsection (b) is subject to
automatic revocation if the person fails to:
(1) complete the experience requirement under Section
1103.203(3) not later than the 60th month after the date the
license is issued; or
(2) report the completion of a portion of the person's
experience requirement each renewal period.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Sec. 1103.209. RECIPROCAL CERTIFICATE OR LICENSE. (a) The
board may issue a certificate or license under terms adopted by
the board to an applicant who is certified or licensed under the
laws of another state having certification or licensing
requirements that the board determines have not been disapproved
by the Appraiser Qualifications Board. The terms must comply
with the minimum criteria for obtaining a certificate or license
recognized by the Appraiser Qualifications Board.
(b) The board may not accept an application from an applicant
from another state that refuses to offer reciprocal treatment to
residents of this state who are certified or licensed under this
chapter.
(c) The application form submitted for a reciprocal certificate
or license under this section must be comparable to the form
required of a resident of this state applying for a similar
certificate or license.
(d) The fee charged to an appraiser from another state for a
reciprocal certificate or license under this section must be
comparable to the fee required of a resident of this state
applying for a similar certificate or license. A person who
obtains a certificate or license by reciprocity under this
section must pay the federal registry fee and any other fee the
board imposes.
(e) An applicant for a certificate or license under this chapter
who is not a resident of this state must submit with the
application an irrevocable consent that states that service of
process in an action against the applicant arising out of the
applicant's activities as a certified or licensed appraiser in
this state may be made by delivery of the process to the
commissioner if the plaintiff in the action, using due diligence,
cannot obtain personal service on the applicant. If process is
served as provided by this subsection, the commissioner shall
immediately send a copy of the material served on the
commissioner by regular mail to the certified or licensed
appraiser at the appraiser's principal place of business and
residence address.
(f) The board shall request verification from the state in which
the applicant is certified or licensed to confirm that the
applicant's certificate or license is valid and in good standing.
The board may not issue a reciprocal certificate or license
without that verification.
(g) A reciprocal certificate or license expires on the earlier
of:
(1) the expiration date of the certificate or license held by
the applicant in the state in which the applicant is certified or
licensed; or
(2) the first anniversary of the date the reciprocal certificate
or license is issued.
(h) A reciprocal certificate or license is renewable under terms
adopted by the board.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
703, Sec. 10, eff. September 1, 2005.
Sec. 1103.210. DENIAL OF CERTIFICATE OR LICENSE. (a) The board
shall immediately provide written notice to the applicant of the
board's denial of a certificate or license under this chapter.
(b) An appeal of the denial of a certificate or license is
governed by Chapter 2001, Government Code.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Sec. 1103.211. CERTIFICATE OR LICENSE RENEWAL; CONTINUING
EDUCATION. (a) A certificate or license issued by the board
expires on the second anniversary of the date of issuance.
(b) A person may renew a certificate or license by:
(1) paying the renewal fee; and
(2) providing evidence satisfactory to the board that the person
has completed continuing education requirements that comply with
the guidelines recognized by the Appraiser Qualifications Board
and that are imposed by rule under this chapter.
(c) For purposes of Subsection (b)(2), the board shall accept as
continuing education any educational offering that complies with
the guidelines recognized by the Appraiser Qualifications Board
that a certified or licensed appraiser was awarded by a national
appraiser organization approved by the board as a provider of
qualifying appraisal education.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
703, Sec. 11, eff. September 1, 2005.
Sec. 1103.212. EXTENSION OF TIME TO COMPLETE REQUIRED CONTINUING
EDUCATION. (a) The board by rule may establish procedures under
which a person may obtain an extension of time to complete
continuing education required to renew the person's certificate
or license.
(b) The board may require a person under this section to:
(1) pay an additional fee, not to exceed $200, on or before the
date the certificate or license is scheduled to expire; and
(2) complete the required continuing education not later than
the 60th day after the date the certificate or license is
scheduled to expire.
(c) Notwithstanding the other provisions of this section, a
person must complete the required continuing education before
performing an appraisal in a federally related transaction.
Added by Acts 2003, 78th Leg., ch. 106, Sec. 2, eff. Sept. 1,
2003.
Sec. 1103.213. INACTIVE CERTIFICATE OR LICENSE. (a) The board
may place on inactive status the certificate or license of an
appraiser if the appraiser:
(1) is not acting as an appraiser;
(2) is not sponsoring an appraiser trainee; and
(3) submits a written application to the board before the
expiration date of the appraiser's certificate or license.
(b) The board may place on inactive status the certificate or
license of an appraiser whose certificate or license has expired
if the appraiser applies for inactive status on a form prescribed
by the board not later than the first anniversary of the
expiration date of the appraiser's certificate or license.
(c) An appraiser applying for inactive status shall terminate
the appraiser's association with each appraiser trainee sponsored
by the appraiser by giving written notice to each appraiser
trainee before the 30th day preceding the date the appraiser
applies for inactive status.
(d) An appraiser on inactive status:
(1) may not perform any activity regulated under this chapter;
(2) must pay annual renewal fees; and
(3) is not required to pay the annual registry fee described by
Section 1103.156(b).
(e) The board shall maintain a list of each appraiser whose
certificate or license is on inactive status.
(f) The board shall remove an appraiser's certificate or license
from inactive status if the appraiser:
(1) submits an application to the board;
(2) pays the required fee; and
(3) submits proof of complying with the continuing education
requirements of Section 1103.211 during the two years preceding
the date the application under Subdivision (1) is filed.
Added by Acts 2003, 78th Leg., ch. 106, Sec. 2, eff. Sept. 1,
2003.
SUBCHAPTER F. APPRAISER EXAMINATION
Sec. 1103.251. EXAMINATION REQUIRED. (a) The board shall
prescribe an appraiser examination.
(b) The examination must be:
(1) written; and
(2) approved by the Appraiser Qualifications Board.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
703, Sec. 12, eff. September 1, 2005.
Sec. 1103.252. TESTING SERVICE. (a) The board may contract
with a testing service to administer the examination.
(b) The testing service may collect an examination fee from an
applicant for a certificate or license.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Sec. 1103.253. TIME AND PLACE OF EXAMINATION; NOTICE. (a) The
examination must be offered at least twice each year.
(b) The board shall determine the time and place of the
examination.
(c) The board shall give reasonable public notice of the
examination in the manner provided by board rule.
(d) The board may assign an examination date and site to an
applicant. The assigned site must be the nearest examination site
available to the applicant.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Sec. 1103.254. EXAMINATION APPLICATION. (a) An application to
take the examination must be on a form prescribed by the board.
(b) An application is active for one year beginning on the date
the application is initially accepted. If an applicant does not
pass the examination before the first anniversary of the date of
application, the applicant must submit a new application and pay
the appropriate fees.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
703, Sec. 13, eff. September 1, 2005.
Sec. 1103.255. EXPERIENCE NOT REQUIRED BEFORE TAKING
EXAMINATION. An applicant for the examination is not required to
fulfill the experience requirement for a certificate before
taking the examination.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Sec. 1103.256. MINIMUM PASSING GRADE REQUIRED. To pass the
examination, an applicant for a certificate or license must
achieve the minimum score required by the Appraiser
Qualifications Board.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
703, Sec. 14, eff. September 1, 2005.
Sec. 1103.257. EXAMINATION RESULTS. (a) Not later than the
31st day after the date a person takes an examination, the board
shall notify the person of the examination results. If an
examination is graded or reviewed by a national testing service,
the board shall notify the person of the examination results not
later than the 31st day after the date the board receives the
results from the testing service.
(b) If notice of the examination results will be delayed for
more than 90 days after the examination date, the board shall
notify each examinee of the reason for the delay not later than
the 90th day.
(c) If requested in writing by a person who fails an
examination, the board shall provide to the person an analysis of
the person's performance on the examination. The request must be
accompanied by a statement identifying the person and a fee in an
amount determined by the board. The board shall release the
analysis directly to the person requesting the analysis.
(d) The examination results are confidential.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
703, Sec. 15, eff. September 1, 2005.
Sec. 1103.258. REEXAMINATION. (a) An applicant who fails an
examination may apply to retake the examination on payment of an
additional examination fee.
(b) An applicant who has not successfully completed the
examination before the first anniversary of the date the
application was initially accepted by the board must submit a new
application and pay the required application fee.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
703, Sec. 16, eff. September 1, 2005.
Sec. 1103.259. GUIDELINES; STUDY GUIDES. (a) The board shall:
(1) periodically publish guidelines and preexamination study
guides;
(2) make the guidelines and study guides available to
applicants; and
(3) update the guidelines and study guides as necessary.
(b) Except for the examination and other testing products that
require secure and discreet protection, the contents of study
guides and other material developed by the board or with the
board's authorization are within the public domain and free of
copyright restrictions.
(c) If material described by Subsection (b) is reproduced for
distribution by an entity other than the board:
(1) the material may not be sold at a price that exceeds the
cost of reproduction and distribution; and
(2) the entity may not profit from the distribution of the
material.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
SUBCHAPTER G. TEMPORARY APPRAISAL AUTHORITY FOR OUT-OF-STATE
APPRAISERS
Sec. 1103.301. REGISTRATION REQUIRED. A person certified or
licensed as a real estate appraiser by another state may appraise
real property in this state without holding a certificate or
license issued under this chapter if the person registers with
the board under this subchapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Sec. 1103.302. REGISTRATION APPLICATION. A person may register
with the board by:
(1) completing a registration form prescribed by the board; and
(2) meeting the requirements established under this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Sec. 1103.303. ELIGIBILITY REQUIREMENTS FOR REGISTRATION. A
person is eligible to register with the board if:
(1) the certification and licensing program under which the
person is certified or licensed by another state has not been
disapproved by the Appraiser Qualifications Board; and
(2) the person's appraisal business in this state does not
exceed six months.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
703, Sec. 17, eff. September 1, 2005.
SUBCHAPTER H. APPRAISER TRAINEES
Sec. 1103.351. SPONSOR. (a) The board may authorize a
certified appraiser under this chapter to sponsor an appraiser
trainee.
(b) An appraiser trainee may have more than one sponsor.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Sec. 1103.352. APPLICATION FOR APPRAISER TRAINEE. An applicant
for approval as an appraiser trainee and each sponsor of the
applicant must apply to the board on a form prescribed by the
board.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Sec. 1103.353. ELIGIBILITY REQUIREMENTS FOR APPRAISER TRAINEE.
To be eligible for approval as an appraiser trainee, an applicant
must:
(1) be at least 18 years of age;
(2) be a citizen of the United States or a lawfully admitted
alien;
(3) have been a resident of this state for the 60 days preceding
the date the application is filed;
(4) satisfy the board as to the applicant's honesty,
trustworthiness, and integrity; and
(5) meet all other qualifications established by the board.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
703, Sec. 18, eff. September 1, 2005.
Sec. 1103.354. APPRAISER TRAINEE REPORTS. (a) An appraiser
trainee approved by the board may perform an appraisal under the
direction of a sponsor or authorized supervisor of the trainee.
(b) The sponsor or authorized supervisor shall sign each report
prepared by the appraiser trainee performing an appraisal under
the direction of the sponsor or authorized supervisor. The
sponsor or authorized supervisor is responsible to the public and
to the board for the appraiser trainee's conduct.
(c) An appraiser trainee may co-sign a report prepared under
this section.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
703, Sec. 19, eff. September 1, 2005.
Sec. 1103.355. DISCIPLINARY PROCEDURES FOR APPRAISER TRAINEES.
(a) The board may reprimand an appraiser trainee or suspend or
revoke an appraiser trainee's authority to act as an appraiser
trainee for a violation of this chapter or a rule adopted under
this subchapter.
(b) A disciplinary proceeding under this section is governed by
Chapter 2001, Government Code.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
SUBCHAPTER I. PRACTICE BY CERTIFIED OR LICENSED APPRAISER
Sec. 1103.401. USE OF INSIGNIA OR IDENTIFICATION. (a) A person
may not use any title, designation, initials, or other insignia
or identification that would mislead the public as to the
person's credentials, qualifications, or competency to perform a
certified appraisal service unless the person is certified under
this chapter.
(b) A person may not use any title, designation, initials, or
other insignia or identification that would mislead the public as
to the person's credentials, qualifications, or competency to
perform licensed appraisal services unless the person is licensed
under this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Sec. 1103.402. SIGNATURE OR ENDORSEMENT ON APPRAISAL. (a) A
person certified or licensed under this chapter may not sign or
endorse an appraisal unless the appraisal is substantially
produced by that person.
(b) For purposes of this section, an appraisal is substantially
produced by a person who contributes in a material and verifiable
manner to the research or analysis that results in the final
opinion of value expressed in the appraisal.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Sec. 1103.403. OFFICE LOCATION. (a) A certified or licensed
appraiser who is a resident of this state shall maintain a fixed
office in this state.
(b) Not later than the 10th day after the date a certified or
licensed appraiser moves from a previously designated address,
the appraiser shall:
(1) notify the board of the new office location on a form
prescribed by the board; and
(2) pay a fee set by the board.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Sec. 1103.404. BUSINESS RECORDS. A person who is certified or
licensed under this chapter or who has applied for a certificate
or license shall retain all business records relating to each
appraisal performed by the person until at least the fifth
anniversary of the date of the appraisal.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Sec. 1103.405. PROFESSIONAL STANDARDS. A person who holds a
license, certificate, or approval issued under this chapter shall
comply with:
(1) the most current edition of the Uniform Standards of
Professional Appraisal Practice adopted by the Appraisal
Standards Board of the Appraisal Foundation; or
(2) other standards provided by board rule that are at least as
stringent as the Uniform Standards of Professional Appraisal
Practice.
Added by Acts 2005, 79th Leg., Ch.
703, Sec. 20, eff. September 1, 2005.
SUBCHAPTER J. DISCIPLINARY PROCEEDINGS GENERALLY
Sec. 1103.451. COMPLAINT. (a) Any person, including a member
of the board, may initiate the complaint process under this
subchapter by filing with the board a written complaint on a form
prescribed by the board.
(b) The board, on its own motion, may file a formal complaint
against:
(1) a certified or licensed appraiser; or
(2) an appraiser trainee who is approved by the board under
Subchapter H.
(c) A complaint alleging that a certified or licensed appraiser
or an approved appraiser trainee has violated a rule of
professional conduct adopted by the board must be filed with the
board.
(d) The board, on its own motion, may file a formal complaint
against a person who engages in an activity for which a
certificate or license is required under this chapter without
holding a certificate or license. This subchapter and Subchapter
K apply to a complaint filed under this subsection in the same
manner as they apply to a complaint filed under Subsection (b).
(e) A complaint alleging a violation by a person licensed,
certified, or approved under this chapter may not be terminated
solely on the basis that the person fails to renew the
certificate, license, or approval.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 106, Sec. 3, eff.
Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
703, Sec. 21, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
704, Sec. 1, eff. September 1, 2005.
Sec. 1103.452. REVIEW AND INVESTIGATION. (a) On receipt of a
complaint or on its own motion, the board shall review and
investigate an alleged act or omission that the board believes is
a ground for disciplinary action.
(b) An investigator designated by the presiding officer of the
board shall investigate each allegation in a complaint to
determine whether probable cause exists for a hearing on the
complaint.
(c) If the board determines that a complaint does not present
facts that are grounds for disciplinary action, the board or the
commissioner shall dismiss the complaint and may not take further
action.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
704, Sec. 2, eff. September 1, 2005.
Sec. 1103.453. PEER INVESTIGATIVE COMMITTEE. (a) The presiding
officer of the board, with the advice and consent of the
executive committee, may appoint a peer investigative committee.
(b) A peer investigative committee consists of three certified
or licensed appraisers. The presiding officer of the committee
must be an appraiser member of the board. Each remaining
committee member shall certify to the board that the member is
familiar with the appraisal process in the appraisal that is the
subject of the complaint.
(c) The peer investigative committee shall:
(1) review and determine the facts of a complaint; and
(2) submit a written report regarding the complaint to the board
in a timely manner.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Sec. 1103.454. GENERAL SUBPOENA AUTHORITY. (a) The board may
request and, if necessary, compel by subpoena:
(1) the attendance of witnesses for examination under oath; and
(2) the production of records, documents, and other evidence
relevant to the investigation of an alleged violation of this
chapter for inspection and copying.
(b) The board may also issue a subpoena for purposes of an
investigation of a complaint to determine whether the board
should institute a contested case proceeding.
(c) If a person does not comply with a subpoena, the board,
acting through the attorney general, may file suit to enforce the
subpoena in a district court in Travis County or in the county in
which a hearing conducted by the board may be held.
(d) The court shall order compliance with the subpoena if the
court finds that good cause exists for the issuance of the
subpoena.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Sec. 1103.455. REPORT OF INVESTIGATION REQUIRED. (a) At the
conclusion of the investigation of a complaint, the investigator
shall submit to the board a written report to enable the board to
determine what further action is necessary.
(b) The report must contain:
(1) statements of fact;
(2) the recommendations of the investigator; and
(3) the position or defense of the investigated appraiser or
appraiser trainee.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
704, Sec. 3, eff. September 1, 2005.
Sec. 1103.456. ACTION BASED ON REPORT. Based on the report
submitted under Section 1103.455, the board may:
(1) order further investigation of the complaint;
(2) permit the appraiser or appraiser trainee who is the subject
of the complaint to attend an informal discussion as provided by
Section 1103.457;
(3) determine that there is not probable cause to believe that a
violation occurred and dismiss the case; or
(4) determine that there is probable cause to believe that a
violation occurred and proceed as the complainant with a
contested case hearing under Subchapter K.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
704, Sec. 4, eff. September 1, 2005.
Sec. 1103.457. INFORMAL DISCUSSION OF COMPLAINT. (a) On the
action of the board or on request of the appraiser or appraiser
trainee who is the subject of a complaint, the board may permit
the appraiser or appraiser trainee an opportunity to appear
before the board or an agent of the board for a voluntary,
informal discussion of the facts and circumstances of the alleged
violation.
(b) Repealed by Acts 2005, 79th Leg., Ch. 704, Sec. 16, eff.
September 1, 2005.
(c) The board may seek a consent order as provided by Section
1103.458 at the time of the informal discussion.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
704, Sec. 5, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
704, Sec. 16, eff. September 1, 2005.
Sec. 1103.458. CONSENT ORDER. (a) The board may negotiate a
settlement and enter into a consent order with an appraiser or
appraiser trainee who is the subject of a complaint under this
subchapter.
(b) Repealed by Acts 2005, 79th Leg., Ch. 704, Sec. 16, eff.
September 1, 2005.
(c) A consent order must be:
(1) approved by the board; and
(2) signed by the commissioner and the appraiser or appraiser
trainee who is the subject of the complaint.
(d) A board member who participates in negotiating a consent
order under this section is not disqualified from participating
in the adjudication of a contested case that results from the
negotiation.
(e) An appraiser or appraiser trainee who consents to negotiate
under this section waives the right to notice and the opportunity
to be heard under Chapter 2001, Government Code, during the
negotiation.
(f) If the parties agree to a consent order, a statement of
charges shall be filed with the consent order.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
704, Sec. 6, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
704, Sec. 16, eff. September 1, 2005.
Sec. 1103.459. CONSENT AGREEMENT. (a) The board may enter into
a consent agreement as provided by this section rather than
taking action against a violator of the rules of professional
conduct adopted by the board.
(b) Repealed by Acts 2005, 79th Leg., Ch. 704, Sec. 16, eff.
September 1, 2005.
(c) A consent agreement must be:
(1) approved by the board; and
(2) signed by the commissioner and the appraiser or appraiser
trainee who is the subject of the complaint.
(d) An appraiser or appraiser trainee may be prosecuted for
failure to comply with a consent agreement.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
704, Sec. 7, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
704, Sec. 16, eff. September 1, 2005.
Sec. 1103.460. PUBLIC AVAILABILITY OF FINAL DECISION. A final
decision of the board relating to a disciplinary action,
including a consent order or consent agreement, may be provided
to another state or made available to the public.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
SUBCHAPTER K. CONTESTED CASE HEARINGS
Sec. 1103.501. APPLICABILITY OF ADMINISTRATIVE PROCEDURE LAW.
Except as otherwise provided by this chapter, a proceeding under
this chapter is subject to Chapter 2001, Government Code.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
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, Sec. 8, eff. September 1, 2005.
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, Sec. 9, eff. September 1, 2005.
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, Sec. 9, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
1411, Sec. 47, eff. September 1, 2007.
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, Sec. 9, eff. September 1, 2005.
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.
Sec. 1103.507. SUBPOENA IN CONTESTED CASE. (a) The
commissioner 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.
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, Sec. 10, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
704, Sec. 11, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
704, Sec. 16, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
1411, Sec. 48, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
1411, Sec. 59(16), eff. September 1, 2007.
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, Sec. 12, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
1411, Sec. 49, eff. September 1, 2007.
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.
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, Sec. 50, eff. September 1, 2007.
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,