22 Tex. Admin. Code § 153.26 - Identity Theft
(a) For purposes of
this section, "identity theft" shall mean any of the following activities
occurring in connection with the rendition of real estate appraisal services:
(1) Unlawfully obtaining, possessing,
transferring or using a license issued by the Board; and/or
(2) Unlawfully obtaining, possessing,
transferring or using a person's electronic or handwritten signature.
(b) A license holder shall
implement and maintain reasonable procedures to protect and safeguard
themselves from identity theft.
(c)
A license holder shall notify the Board if he or she is the victim of identity
theft within 90 days of discovering such theft. Notice shall be effectuated by
filing a signed, written complaint on a form prescribed by the Board.
(d) The Board may invalidate a current
license and issue a new one to a person the Board determines is a victim of
identity theft. Any person seeking the invalidation of a current license
issuance of a new one shall submit a written, signed request on a form provided
by the Board for the invalidation of a current license and issuance of a new
one. The basis for the request must be identity theft, and the requestor must
submit credible evidence that the person is a victim of identity theft. Without
limiting the type of evidence a person may submit to the Board, a court order
issued in accordance with Texas Business and Commerce Code Chapter 521,
Subchapter C, declaring that the person is a victim of identity theft shall
constitute credible evidence. Any such court order must relate to identity
theft as defined in this section.
(e) Engaging in identity theft in order to
perform appraisals constitutes a violation of §
153.20(a)(7), (19), and
(21) of this title. In addition to any action
taken by the Board, persons engaging in identity theft may also be referred to
the appropriate law enforcement agency for criminal prosecution.
Notes
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