22 Tex. Admin. Code § 157.7 – Denial of a License; Adverse Action Against a License Holder

(a) Denial of a License.
1. (1) If the Board denies a certification, license, trainee approval, or registration, the Board shall promptly give written notice of denial to the applicant. If the applicant is supervised by another license holder, the Board shall send a copy of the notice of denial to the supervisory appraiser.
2. (2) The notice of denial shall include:
  1. (A) a statement of the Board's action;
  2. (B) a summary of the facts and laws on which the action is based;
  3. (C) a statement of the right of the person to request a hearing; and
  4. (D) the following language in capital letters in boldface type: IF YOU FAIL TO REQUEST A HEARING IN WRITING WITHIN 30 DAYS, THIS DETERMINATION WILL BECOME FINAL.
3. (3) If a person fails to request a hearing in writing within 30 days of receiving the notice, the Board's determination will become final.
(b) Adverse Action Against a License Holder.
1. (1) If the Board proposes to take adverse action against a license holder, former license holder, or registrant, the Board shall promptly give written notice to the person against whom the action is proposed to be taken. If an appraiser trainee is the respondent, the Board shall send a copy of the notice to the supervisory appraiser.
2. (2) The notice of adverse action shall include:
  1. (A) a summary of the facts and laws on which the proposed action is based;
  2. (B) a statement of the action proposed by the Board, including the proposed sanction and/or the amount of any administrative penalties; and
  3. (C) a statement of the right of the person to a hearing.
(c) A license holder who has agreed in writing to suspension or revocation for failure to comply with the terms of a consent order, consent agreement, or agreed order in connection with an application or a previous disciplinary matter is deemed to have had notice and an opportunity for a hearing in a subsequent action resulting from failure to comply with an administrative requirement of probation, such as payment of a fee or completion of coursework.

Source Note:The provisions of this §157.7 adopted to be effective April 1, 2001, 26 TexReg 2169; amended to be effective May 30, 2006, 31 TexReg 4428; amended to be effective January 8, 2008, 33 TexReg 177; amended to be effective June 14, 2010, 35 TexReg 5035; amended to be effective November 3, 2011, 36 TexReg 7319; amended to be effective June 8, 2014, 39 TexReg 4253; amended to be effective January 1, 2016, 40 TexReg 8896.