Title OC, Occupations Code

Sec. 1103.253. TIME AND PLACE OF EXAMINATION; NOTICE. The board or the testing service shall offer the examination at least once each month in Austin and at other locations and times as the board may determine or require. The board shall provide public notice of all examinations …

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 befor…

Sec. 1103.255. EXPERIENCE REQUIRED BEFORE TAKING EXAMINATION. An applicant for the examination must fulfill the applicable experience requirement for a certificate or license before taking the examination. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003. Amende…

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 20…

Sec. 1103.257. EXAMINATION RESULTS. (a) Not later than the 10th day after the date a person takes an examination, the board or the testing service shall notify the person of the examination results. (b) If notice of the examination results will be delayed for more than 10 days af…

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 fails the examination three consecutive times may not apply for reexamination or submit a new license appl…

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 subchapte…

Sec. 1103.302. REGISTRATION APPLICATION. A person may register with the board by: (1) completing a registration form prescribed by the board; (2) meeting the requirements established under this chapter; and (3) paying the required fee. Added by Acts 2001, 77th Leg., ch. 1421, Sec…

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 Appraisal Subcommittee; and (…

Sec. 1103.304. EXTENSION OF REGISTRATION. A person may obtain a 90-day extension of a temporary registration under this subchapter by completing an extension form approved by the board and paying any required fee. The board may grant only one extension for each temporary registra…

Sec. 1103.351. SUPERVISORY APPRAISER. (a) The board may authorize a certified appraiser under this chapter to supervise an appraiser trainee if the certified appraiser meets the requirements of the board consistent with applicable federal law. (b) An appraiser trainee may have mo…

Sec. 1103.352. APPLICATION FOR APPRAISER TRAINEE. An applicant for a license as an appraiser trainee and each supervisory appraiser of the applicant must apply to the board using the online application on the board's Internet website or on a form prescribed by the board. Added by…

Sec. 1103.353. ELIGIBILITY REQUIREMENTS FOR APPRAISER TRAINEE. To be eligible for a license 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) satisfy the board as to the applicant's…

Sec. 1103.354. APPRAISER TRAINEE REPORTS. (a) An appraiser trainee licensed by the board may perform an appraisal under the direction of a supervisory appraiser. (b) The supervisory appraiser shall sign each report prepared by the appraiser trainee performing an appraisal under t…

Sec. 1103.355. DISCIPLINARY PROCEDURES FOR APPRAISER TRAINEES. (a) The board may reprimand an appraiser trainee or suspend or revoke an appraiser trainee's license to act as an appraiser trainee for a violation of this chapter or a rule adopted under this subchapter. (b) A discip…

Sec. 1103.356. RENEWAL OF APPRAISER TRAINEE LICENSE. A person may renew a license as an appraiser trainee by: (1) paying the renewal fee established by the board; (2) providing evidence satisfactory to the board of completion of any required continuing education; and (3) meeting …

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 un…

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…

Sec. 1103.403. CONTACT INFORMATION. (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 an appraiser changes the appraiser's mailing address, business address, business e…

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 a…

Sec. 1103.405. PROFESSIONAL STANDARDS. (a) Except as provided by Subsection (b), a person who holds a certificate, license, or registration issued under this chapter shall comply with: (1) the most current edition of the Uniform Standards of Professional Appraisal Practice adopte…

Sec. 1103.451. INITIATION OF COMPLAINT PROCESS. (a) Any person, including a member of the board, may initiate the complaint process under this subchapter by submitting to the board a written allegation of a violation of this chapter on a form prescribed by the board. (b) The boar…

Sec. 1103.452. REVIEW AND INVESTIGATION. (a) The board shall review and investigate an alleged act or omission that is the subject of an allegation submitted or a formal complaint filed under Section 1103.451. (b) An investigator designated by the executive director shall investi…

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 two or more certified or licensed appraisers. Th…

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 vio…

Sec. 1103.455. REPORT OF INVESTIGATION REQUIRED. (a) At the conclusion of the investigation of a complaint, the investigator shall prepare a written report to enable the board to determine what further action is necessary. (b) The report must contain: (1) statements of fact; (2) …

Sec. 1103.456. ACTION BASED ON REPORT. Based on the report prepared 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 participate in a voluntary discussion …

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…

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. Sept…

Sec. 1103.460. CONFIDENTIALITY OF INVESTIGATION MATERIAL. (a) Information or material, including any investigation file, is confidential and not subject to disclosure under Chapter 552, Government Code, or any other means of legal compulsion for release, including disclosure, dis…

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. 1103.5011. NOTICE OF VIOLATION AND PENALTY. (a) The executive director may send an appraiser against whom a complaint has been filed a notice of violation including: (1) a summary of the alleged violation; (2) the recommended sanction, including the amount of any administrat…

Sec. 1103.5012. PENALTY TO BE PAID OR HEARING REQUESTED. If the person accepts the executive director's determination, or fails to respond in a timely manner to the notice, the board by order shall approve the determination and order payment of the recommended penalty, impose the…

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 …

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 …

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. 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…

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 executive director shall issue a subpoena to compel the attendance of a witness or the production of records or other evidence if: (1) a party to the proceeding requests the subpoena orally or in writing; (2) the request specifie…

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., C…

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.…

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…

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 …

Sec. 1103.514. COPIES OF EVIDENCE. A copy of each document offered as evidence at a contested case hearing shall be provided to the opposing party. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003. Amended by: Acts 2005, 79th Leg., Ch. 704 (S.B. 382), Sec. 13, e…

Sec. 1103.515. RESPONSE TO CERTAIN ACCUSATIONS. (a) To the extent an appraiser or appraiser trainee believes the appraiser or appraiser trainee is being asked to reply to an accusation, innuendo, or fact for the first time in a contested case hearing, the appraiser or appraiser t…