Title OC, Occupations Code

Sec. 1104.051. RULES. The board may adopt rules necessary to administer the provisions of this chapter. Added by Acts 2011, 82nd Leg., R.S., Ch. 256 (H.B. 1146), Sec. 2, eff. September 1, 2011.

Sec. 1104.052. FEES. (a) Subject to Subsection (b), the board by rule shall establish application, renewal, and other fees in amounts so that the sum of the fees paid by all appraisal management companies seeking registration under this chapter is sufficient for the administratio…

Sec. 1104.101. REGISTRATION REQUIRED. Unless a person is registered under this chapter, a person may not: (1) act or attempt to act as an appraisal management company; (2) provide or attempt to provide appraisal management services; or (3) advertise or represent or attempt to adv…

Sec. 1104.102. ELIGIBILITY FOR REGISTRATION; OWNERSHIP. (a) A person who has had a license or certificate to act as an appraiser denied, revoked, or surrendered in lieu of revocation in any state may not own in any manner an appraisal management company registered or applying for…

Sec. 1104.103. APPLICATION FOR REGISTRATION OR RENEWAL. (a) An applicant for registration or registration renewal under this chapter must submit: (1) an application on a form approved by the board; and (2) the application or renewal fee established under Section 1104.052(a). (b) …

Sec. 1104.104. DESIGNATION OF PRIMARY CONTACT. (a) An appraisal management company applying for registration under this chapter shall designate one controlling person as the primary contact for all communication between the board and the company. (b) The controlling person design…

Sec. 1104.105. DENIAL OF REGISTRATION OR RENEWAL. (a) The board may deny an application for registration or registration renewal: (1) if an applicant fails to satisfy a requirement of this chapter; or (2) on a determination by the board that: (A) there is reasonable evidence that…

Sec. 1104.106. ISSUANCE AND PUBLICATION OF REGISTRATION NUMBER. The board shall: (1) issue a unique registration number to each appraisal management company registered under this chapter; and (2) publish annually a list of the companies registered under this chapter and the regis…

Sec. 1104.107. EXPIRATION OF REGISTRATION. Unless renewed, a registration issued under this chapter expires on the second anniversary of the date the registration is issued. Added by Acts 2011, 82nd Leg., R.S., Ch. 256 (H.B. 1146), Sec. 2, eff. September 1, 2011. SUBCHAPTER D. PR…

Sec. 1104.151. RESTRICTIONS ON EMPLOYMENT AND CONTROLLING PERSON. (a) An appraisal management company registered under this chapter may not knowingly: (1) employ a person in a position in which the person has the responsibility to order appraisals or to review completed appraisal…

Sec. 1104.152. VERIFICATION OF LICENSURE OR CERTIFICATION. An appraisal management company registered under this chapter must verify that an individual to whom the company is making an assignment for the completion of an appraisal: (1) is licensed or certified under Chapter 1103;…

Sec. 1104.153. APPRAISAL REVIEW. A person who performs an appraisal review for an appraisal management company as required by Section 1104.155 must be: (1) licensed as an appraiser under Chapter 1103, unless exempt by board rule; and (2) qualified to perform the appraisal being r…

Sec. 1104.154. COMPETENCY OF APPRAISERS. Before making an assignment to an appraiser, an appraisal management company must verify that the appraiser receiving the assignment satisfies each provision of the competency rule of the Uniform Standards of Professional Appraisal Practic…

Sec. 1104.155. PROFESSIONAL STANDARDS. An appraisal management company registered under this chapter shall on a periodic basis perform an appraisal review of the work of appraisers performing appraisal services for the company to ensure that the services comply with: (1) the edit…

Sec. 1104.156. BUSINESS RECORDS. (a) An appraisal management company required to register under this chapter or that has applied for registration under this chapter shall retain for at least five years all business records relating to each service request that the company receive…

Sec. 1104.157. COMPENSATION OF APPRAISERS. (a) An appraisal management company shall: (1) except in cases of breach of contract or substandard performance of services, pay an appraiser for the completion of an appraisal or valuation assignment not later than the 60th day after th…

Sec. 1104.158. STATEMENT OF FEES. (a) In reporting to a client, an appraisal management company shall separately state the fees: (1) paid to an appraiser for the completion of an appraisal; and (2) charged by the company for appraisal management services. (b) An appraisal managem…

Sec. 1104.159. DISCLOSURE OF REGISTRATION NUMBER. An appraisal management company registered under this chapter shall disclose the company's registration number on all documents used to procure appraisals in this state. Added by Acts 2011, 82nd Leg., R.S., Ch. 256 (H.B. 1146), Se…

Sec. 1104.160. MANDATORY REPORTING. An appraisal management company that has a reasonable basis to believe an appraiser is failing to comply with the Uniform Standards of Professional Appraisal Practice in a manner that materially affects a value conclusion, violating applicable …

Sec. 1104.161. REMOVAL OF APPRAISER FROM APPRAISAL PANEL. (a) An appraisal management company may not remove an appraiser from its panel, or otherwise refuse to assign requests for appraisal services to an appraiser without: (1) notifying the appraiser in writing of the reasons f…

Sec. 1104.162. DISPUTE RESOLUTION. An appraisal management company shall make a dispute resolution process available to review a written request by an appraiser who: (1) is dismissed from the company's appraisal panel for a reason stated in Section 1104.161(a)(2); (2) is not paid…

Sec. 1104.201. DISCIPLINARY POWERS OF BOARD. (a) The board may reprimand an appraisal management company or conditionally or unconditionally suspend or revoke any registration issued under this chapter if the board determines that the appraisal management company has: (1) violate…

Sec. 1104.202. ADMINISTRATIVE PENALTY. (a) In addition to any other disciplinary action under this chapter, the board may impose an administrative penalty against a person who violates this chapter or a rule adopted under this chapter. (b) The amount of the administrative penalty…

Sec. 1104.203. PROHIBITED PRACTICES. (a) An appraisal management company or an employee, director, officer, or agent of an appraisal management company may not: (1) cause or attempt to cause the appraised value of a property assigned under an appraisal to be based on any factor o…

Sec. 1104.204. COMPLAINT. (a) Any person, including a member of the board, may file with the board a written complaint on a form prescribed by the board. (b) The board, on its own motion, may file a complaint against: (1) an appraisal management company registered under this chap…

Sec. 1104.205. 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 t…

Sec. 1104.2051. INVESTIGATIVE COMMITTEE. (a) The presiding officer of the board, with the advice and consent of the executive committee of the board, may appoint an investigative committee. (b) An investigative committee consists of at least two members. The presiding officer of …

Sec. 1104.206. 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. 1104.207. 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 o…

Sec. 1104.208. ACTION BASED ON REPORT. (a) Based on the report submitted under Section 1104.207, the board may: (1) order further investigation of the complaint; (2) permit the person who is the subject of the complaint to participate in a voluntary discussion of the facts and ci…

Sec. 1104.2081. AGREED ORDER. (a) The board may negotiate a settlement and enter into an agreed order with an appraisal management company or other person who is the subject of a complaint under this subchapter. (b) An agreed order must be: (1) approved by the board; and (2) sign…

Sec. 1104.2082. 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, di…

Sec. 1104.209. NOTICE OF VIOLATION AND PENALTY. (a) If, after investigating a possible violation and the facts surrounding that possible violation, the board determines that a violation occurred, the board shall give written notice of the violation to the person alleged to have c…

Sec. 1104.210. PENALTY TO BE PAID. If the person accepts the board's determination or fails to respond to the notice in a timely manner, the board by order shall approve the determination and impose the proposed penalty. Added by Acts 2011, 82nd Leg., R.S., Ch. 256 (H.B. 1146), S…

Sec. 1104.211. TEMPORARY SUSPENSION. (a) The presiding officer of the board shall appoint a three-member disciplinary panel consisting of board members to determine whether a person's registration under this chapter should be temporarily suspended. (b) If the disciplinary panel d…

Sec. 1104.212. NOTICE OF HEARING. Not later than the 30th day before the date of a contested case hearing, the board shall personally deliver or send by certified mail notice of the hearing to the parties to the hearing. Added by Acts 2011, 82nd Leg., R.S., Ch. 256 (H.B. 1146), S…

Sec. 1104.2121. 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 2017, 85th Leg., R.S., Ch. 107 (S.B. 1516), Sec. 21, eff. September 1, 2017.

Sec. 1104.2122. IMMUNITY OF WITNESSES. (a) The board in a contested case hearing may grant a witness immunity from disciplinary action by the board. (b) The official record of the hearing must include the reason for granting immunity. Added by Acts 2017, 85th Leg., R.S., Ch. 107 …

Sec. 1104.213. APPLICABILITY OF ADMINISTRATIVE PROCEDURE LAW. Except as otherwise provided by this chapter, a proceeding under this subchapter is subject to Chapter 2001, Government Code. Added by Acts 2011, 82nd Leg., R.S., Ch. 256 (H.B. 1146), Sec. 2, eff. September 1, 2011.

Sec. 1104.2131. 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 o…

Sec. 1104.2132. FAILURE TO APPEAR; COSTS. (a) If a respondent 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 administrative law judge determines approp…

Sec. 1104.214. ACTION AFTER HEARING. On conclusion of a contested case hearing under this subchapter, the administrative law judge shall: (1) make findings of fact and conclusions of law; and (2) issue to the board a proposal for decision that the board take one or more of the fo…

Sec. 1104.215. DECISION BY BOARD. (a) Based on the findings of fact, conclusions of law, and proposal for decision of the administrative law judge, the board by order may determine that: (1) a violation has occurred and may impose an administrative penalty or another sanction; or…

Sec. 1104.216. MOTION FOR REHEARING. (a) A party may file a motion for rehearing with the board. The motion must state: (1) the specific grounds for rehearing; and (2) the relief sought. (b) A motion for rehearing filed under this section is governed by Chapter 2001, Government C…

Sec. 1104.217. DECISION ON REHEARING. (a) The decision made at the conclusion of the original contested case hearing may not be reversed or modified for a procedural, evidentiary, or other error that did not cause substantial injustice to the parties. (b) The decision made on a r…

Sec. 1104.251. INJUNCTION. (a) The board may institute an action in its own name against any person, including a person who is not registered under this chapter, to enjoin a violation of this chapter or a rule adopted by the board under this chapter. (b) An action under this sect…