22 Tex. Admin. Code § 159.205 - Identity Theft
(a) For purposes of
this subchapter, "identity theft" means any of the following activities
occurring in connection with the rendition of appraisal management services:
(1) Unlawfully obtaining, possessing,
transferring or using a license or license number issued by the Board;
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 the license holder against identity theft.
(c) A license holder must notify the Board if
the license holder is the victim of identity theft within 90 days of
discovering such theft. Effective notice may be provided 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 license holder the Board determines is a
victim of identity theft. Any license holder seeking the invalidation of a
current license and issuance of a new one must 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 license holder is a victim
of identity theft. Without limiting the type of evidence a license holder may
submit to the Board to support a claim of identity theft, a court order issued
in accordance with Texas Business and Commerce Code Chapter 521, Subchapter C,
declaring the license holder is a victim of identity theft constitutes credible
evidence. Any such court order must relate to identity theft as defined in this
section.
(e) Engaging in identity
theft to perform unauthorized appraisal management services is a violation of
this subchapter, which may result in disciplinary action under §159.201.
In addition to any disciplinary 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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