22 Tex. Admin. Code § 153.28 - Peer Investigative Committee Review
(a) The Board Chair, with the advice and
consent of the Executive Committee, may appoint a Peer Investigative Committee
pool at least every two years.
(b)
A panel of the Peer Investigative Committee shall consist of:
(1) an Appraiser Board Member;
(2) a Board Member who is a licensed or
certified appraiser; and
(3) a
TALCB Investigator.
(c)
The Board members serving on the Peer Investigative Committee shall serve on
the committee on a rotating basis.
(d) During complaint intake, the TALCB
Director or his or her designee shall assign a TALCB Investigator to
investigate the complaint.
(e)
Complaints in which adverse action or contingent dismissals is recommended by
an investigator are subject to review by the Peer Investigative Committee.
Complaints that result in dismissals, defaults, or warning letters are not
subject to review by the Peer Investigative Committee.
(f) No more than 7 days following the
investigator's completion of an investigative report, the investigator shall
provide his or her findings, including the investigative report and the
complaint file, to the Board members of the Peer Investigative Committee. The
investigative report must include:
(1) a
statement of facts;
(2) the
investigator's recommendations; and
(3) the position or defense of the
respondent.
(g) Board
members of the Peer Investigative Committee, Investigators, and staff may elect
to confer in person, via e-mail, or video conference prior to the Board
members' determination.
(h) The
Board delegates its authority to receive the written findings or determination
of the Peer Investigative Committee to the Executive Director.
(i) No more than five business days after the
review of the investigator's findings, the Board members of Committee shall
render a determination agreeing or disagreeing with the investigator's finding
of alleged violations and submit a copy of their determination to the Executive
Director or his or her designee on behalf of the Board. The determination shall
serve as a recommendation to the TALCB Division as to whether to pursue adverse
action against a respondent. A copy of the Board members' determination shall
be included in the complaint file. The Board Chair may request statistical data
related to the investigator's recommendations, Board members' determination,
and adverse action pursued by the Division.
(j) Board members who participate in the Peer
Investigative Committee Review of a complaint are disqualified from
participating in any future adjudication of the same
complaint.
Notes
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