22 Tex. Admin. Code § 157.7 - Denial of a License, Renewal or Reinstatement; Adverse Action
(a) Denial of a License, Renewal, or
Reinstatement.
(1) If the Board denies the
issuance, renewal or reinstatement of a license, 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) The
notice of denial shall include:
(A) a
statement of the Board's action;
(B) a summary of the facts and laws on which
the action is based;
(C) a
statement of the right of the person to request a hearing; and
(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) 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.
(1) If the Board proposes to take
adverse action against a license holder, former license holder, registrant, or
a person for unlicensed activity, 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) The
notice of adverse action shall include:
(A) a
summary of the facts and laws on which the proposed action is based;
(B) a statement of the action proposed by the
Board, including the proposed sanction and/or the amount of any administrative
penalties; and
(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.
(d) Notices sent under this section are
complete and effective if sent in the manner described in §
157.9 of this title (relating to
Notice of Hearing).
Notes
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