Sec. 1104.202. ADMINISTRATIVE PENALTY. (a) In addition to any other disciplinary action under this chapter, the board may impose an administrative penalty against a person who violates this chapter or a rule adopted under this chapter.
(b) The amount of the administrative penalty may not exceed $10,000 for each violation. Each day of a continuing violation is a separate violation.
(c) The amount of the penalty shall be based on:
(1) the seriousness of the violation;
(2) the history of previous violations;
(3) the amount necessary to deter a future violation;
(4) efforts made to correct the violation; and
(5) any other matter that justice may require.
(d) Notwithstanding any other law, an administrative penalty collected under this section must be deposited in a restricted fund maintained and operated by the board to develop educational programs for appraisers or to conduct studies that enhance consumer protection.
Added by Acts 2011, 82nd Leg., R.S., Ch. 256 (H.B. 1146), Sec. 2, eff. September 1, 2011.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 107 (S.B. 1516), Sec. 13, eff. September 1, 2017.
Structure Texas Statutes
Title 7 - Practices and Professions Related to Real Property and Housing
Subtitle A - Professions Related to Real Estate
Chapter 1104 - Appraisal Management Companies
Subchapter E. Disciplinary Actions and Procedures and Administrative Penalties
Section 1104.201. Disciplinary Powers of Board
Section 1104.202. Administrative Penalty
Section 1104.203. Prohibited Practices
Section 1104.205. Review and Investigation
Section 1104.206. General Subpoena Authority
Section 1104.207. Report of Investigation Required
Section 1104.208. Action Based on Report
Section 1104.2081. Agreed Order
Section 1104.2082. Confidentiality of Investigation Material
Section 1104.209. Notice of Violation and Penalty
Section 1104.210. Penalty to Be Paid
Section 1104.211. Temporary Suspension
Section 1104.212. Notice of Hearing
Section 1104.2121. Attorney General Representation
Section 1104.2122. Immunity of Witnesses
Section 1104.213. Applicability of Administrative Procedure Law
Section 1104.2131. Record of Proceedings
Section 1104.2132. Failure to Appear; Costs
Section 1104.214. Action After Hearing
Section 1104.215. Decision by Board