Title OC, Occupations Code

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 (b) Repealed by Acts 2005, 79th Leg., Ch. 704, Sec. 16, eff.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 (c) Repealed by Acts 2007, 80th Leg., R.S., C…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…

Sec. 1103.516. DIRECT EXAMINATION. In a contested case hearing, the administrative law judge may conduct a direct examination of a witness at any stage of the witness's testimony. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003. Amended by: Acts 2005, 79th Leg.…

Sec. 1103.517. 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 2001, 77th Leg., ch. 1421, Sec. …

Sec. 1103.518. ACTION AFTER HEARING. On conclusion of a contested case hearing and on submission of all written responses allowed under Section 1103.515, the administrative law judge shall: (1) make findings of fact and conclusions of law; and (2) issue to the board a proposal fo…

Sec. 1103.519. 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. 1103.520. 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. 1103.521. DECISION; ORDER. (a) The administrative law judge shall file the judge's final decision in a contested case hearing with the executive director. (b) A copy of the decision and order shall immediately be: (1) sent by certified mail, return receipt requested, to the …

Sec. 1103.522. WAITING PERIOD. A person whose certificate or license has been revoked, a person who has surrendered a certificate or license issued by the board, or a person whose application for a certificate or license has been denied after a hearing under Section 1103.508 may …

Sec. 1103.523. COST RECOVERY. The administrative law judge may award reasonable costs to the board on a request for and proof of the costs if the respondent fails to appear for the hearing under Section 1103.510, including any costs: (1) charged by the State Office of Administrat…

Sec. 1103.551. INJUNCTION. (a) The board may institute an action in its own name against any person, including a person who is not certified or licensed under this chapter, to enjoin a violation of this chapter or a rule adopted by the board under this chapter. (b) An action unde…

Sec. 1103.5511. TEMPORARY SUSPENSION. (a) The presiding officer of the board shall appoint a disciplinary panel consisting of three board members to determine whether a person's license or certification to practice under this chapter should be temporarily suspended. (b) If the di…

Sec. 1103.552. ADMINISTRATIVE PENALTY. (a) The board may impose an administrative penalty for a violation of this chapter or a rule adopted or order issued by the board under this chapter in an amount not to exceed: (1) $1,500 for each violation; or (2) $5,000 for multiple violat…

Sec. 1103.5525. CEASE AND DESIST ORDER. (a) If it appears to the board that a person is violating this chapter, Chapter 1104, or a rule adopted under this chapter or Chapter 1104, the board, after notice and opportunity for a hearing, may issue a cease and desist order prohibitin…

Sec. 1103.5526. REFUND. (a) Subject to Subsection (b), the board may order a person regulated by the board under this chapter or Chapter 1104 to pay a refund to a consumer as provided in an agreement resulting from an informal settlement conference or an enforcement order instead…

Sec. 1103.553. CIVIL PENALTY FOR FILING FRIVOLOUS COMPLAINT. (a) A certified or licensed appraiser who files against another certified or licensed appraiser a complaint that the board determines to be frivolous is liable for a civil penalty. (b) The amount of a civil penalty impo…

Sec. 1103.5535. CIVIL PENALTY FOR ENGAGING IN ACTIVITY WITHOUT REQUIRED CERTIFICATE OR LICENSE. (a) A person who receives consideration for engaging in an activity for which a certificate or license is required under this chapter and who does not hold a certificate or license is …

Sec. 1103.554. CRIMINAL PENALTY FOR MISREPRESENTING QUALIFICATIONS. (a) A person commits an offense if the person knowingly violates Section 1103.401. (b) An offense under this section is a Class B misdemeanor. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003. A…

Sec. 1103.5545. CRIMINAL PENALTY FOR ENGAGING IN ACTIVITY WITHOUT REQUIRED CERTIFICATE OR LICENSE. (a) A person commits an offense if the person engages in an activity for which a certificate or license is required under this chapter without holding a certificate or license. (b) …

Sec. 1104.001. SHORT TITLE. This chapter may be cited as the Texas Appraisal Management Company Registration and Regulation Act. Added by Acts 2011, 82nd Leg., R.S., Ch. 256 (H.B. 1146), Sec. 2, eff. September 1, 2011.

Sec. 1104.002. PURPOSE. The purpose of this chapter is to establish and enforce standards related to appraisal management services for appraisal reports on residential properties located in this state with fewer than five units. Added by Acts 2011, 82nd Leg., R.S., Ch. 256 (H.B. …

Sec. 1104.003. DEFINITIONS. (a) The definitions in Section 1103.003 apply to this chapter. (b) In this chapter: (1) "Appraisal management company" means, in connection with valuing properties collateralizing mortgage loans or mortgages incorporated in a securitization, an externa…

Sec. 1104.004. EXEMPTIONS. (a) This chapter does not apply to: (1) a person who exclusively employs appraisers on an employer and employee basis for the performance of appraisals; (2) a person acting as an appraisal firm as defined by board rule that at all times during a calenda…

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…