Sec. 1103.458. CONSENT ORDER. (a) The board may negotiate a settlement and enter into a consent order with an appraiser or appraiser trainee who is the subject of a complaint under this subchapter.
(b) Repealed by Acts 2005, 79th Leg., Ch. 704, Sec. 16, eff. September 1, 2005.
(c) A consent order must be:
(1) approved by the board; and
(2) signed by the commissioner and the appraiser or appraiser trainee who is the subject of the complaint.
(d) A board member who participates in negotiating a consent order under this section is disqualified from participating in the adjudication of a contested case that results from the negotiation.
(e) An appraiser or appraiser trainee who consents to negotiate under this section waives the right to notice and the opportunity to be heard under Chapter 2001, Government Code, during the negotiation.
(f) If the parties agree to a consent order, a statement of charges shall be filed with the consent order.
(g) An appraiser or appraiser trainee may be disciplined for failure to comply with a consent order.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 704 (S.B. 382), Sec. 6, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 704 (S.B. 382), Sec. 16, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 51, eff. January 1, 2016.
Structure Texas Statutes
Title 7 - Practices and Professions Related to Real Property and Housing
Subtitle A - Professions Related to Real Estate
Chapter 1103 - Real Estate Appraisers
Subchapter J. Disciplinary Proceedings Generally
Section 1103.451. Initiation of Complaint Process
Section 1103.452. Review and Investigation
Section 1103.453. Peer Investigative Committee
Section 1103.454. General Subpoena Authority
Section 1103.455. Report of Investigation Required
Section 1103.456. Action Based on Report
Section 1103.458. Consent Order