Tex. Occ. Code Section 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Repealed by Acts 2005, 79th Leg., Ch. 704, Sec. 16, eff.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 executive director 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 (Administrative Procedure), 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.
Acts 2023, 88th Leg., R.S., Ch. 94 (S.B. 1577), Sec. 21, eff. January 1, 2024.

Source: Section 1103.458 — Consent Order, https://statutes.­capitol.­texas.­gov/Docs/OC/htm/OC.­1103.­htm#1103.­458 (accessed Jun. 5, 2024).

1103.001
Short Title 1103.002
Purpose 1103.003
Definitions 1103.004
Applicability of Chapter 1103.006
Application of Sunset Act 1103.051
Texas Appraiser Licensing and Certification Board 1103.052
Board Membership 1103.053
Qualifications of Appointed Members 1103.054
Eligibility of Public Members 1103.055
Terms 1103.056
Officers 1103.057
Grounds for Removal 1103.058
Per Diem 1103.059
Quasi-judicial Immunity 1103.060
Educational Presentations 1103.101
Executive Director 1103.102
Other Board Personnel 1103.103
Salaries 1103.104
Duties of Executive Director 1103.105
Division of Responsibilities 1103.151
Rules Relating to Certificates and Licenses 1103.152
Appraiser Certificate and License Categories 1103.153
Rules Relating to Qualifying or Continuing Education 1103.154
Rules Relating to Professional Conduct 1103.155
Roster 1103.156
Fees 1103.157
Gifts, Grants, and Donations 1103.158
Expert Witness Testimony by Board Member 1103.159
Advisory Committee on Appraisal Management Companies 1103.160
Advisory Committees 1103.161
Public Participation 1103.162
Negotiated Rulemaking and Alternative Dispute Resolution Procedures 1103.163
Complaint Information 1103.201
Certificate or License Required 1103.202
Eligibility Requirements for Certificate or License 1103.203
Certificate or License Application 1103.204
Fulfillment of Education Requirements 1103.205
Fulfillment of Experience Requirements 1103.206
Verification of Education and Experience 1103.207
Additional Information from Certain Applicants 1103.209
Reciprocal Certificate or License 1103.210
Denial of Certificate or License 1103.211
Certificate or License Renewal 1103.212
Extension of Time to Complete Required Continuing Education 1103.213
Inactive Certificate or License 1103.214
Denial of Certificate or License Renewal 1103.251
Examination Required 1103.252
Testing Service 1103.253
Time and Place of Examination 1103.254
Examination Application 1103.255
Experience Required Before Taking Examination 1103.256
Minimum Passing Grade Required 1103.257
Examination Results 1103.258
Reexamination 1103.301
Registration Required 1103.302
Registration Application 1103.303
Eligibility Requirements for Registration 1103.304
Extension of Registration 1103.351
Supervisory Appraiser 1103.352
Application for Appraiser Trainee 1103.353
Eligibility Requirements for Appraiser Trainee 1103.354
Appraiser Trainee Reports 1103.355
Disciplinary Procedures for Appraiser Trainees 1103.356
Renewal of Appraiser Trainee License 1103.401
Use of Insignia or Identification 1103.402
Signature or Endorsement on Appraisal 1103.403
Contact Information 1103.404
Business Records 1103.405
Professional Standards 1103.451
Initiation of Complaint Process 1103.452
Review and Investigation 1103.453
Peer Investigative Committee 1103.454
General Subpoena Authority 1103.455
Report of Investigation Required 1103.456
Action Based on Report 1103.458
Consent Order 1103.459
Consent Agreement 1103.460
Confidentiality of Investigation Material 1103.501
Applicability of Administrative Procedure Law 1103.502
Notice of Hearing 1103.503
Statement of Charges 1103.504
Attorney General Representation 1103.505
Answer 1103.506
Discovery Procedures 1103.507
Subpoena in Contested Case 1103.508
Hearing 1103.510
Failure to Appear 1103.511
Open Hearing 1103.512
Record of Proceedings 1103.513
Order of Proceedings 1103.514
Copies of Evidence 1103.515
Response to Certain Accusations 1103.516
Direct Examination 1103.517
Immunity of Witnesses 1103.518
Action After Hearing 1103.519
Motion for Rehearing 1103.520
Decision on Rehearing 1103.0521
Membership and Employee Restrictions 1103.521
Decision 1103.522
Waiting Period 1103.523
Cost Recovery 1103.0545
Training 1103.551
Injunction 1103.552
Administrative Penalty 1103.553
Civil Penalty for Filing Frivolous Complaint 1103.554
Criminal Penalty for Misrepresenting Qualifications 1103.2031
Criminal History Record Information Requirement 1103.2091
Probationary Certificate or License 1103.2111
Late Renewal of Certificate or License 1103.5011
Notice of Violation and Penalty 1103.5012
Penalty to Be Paid or Hearing Requested 1103.5511
Temporary Suspension 1103.5525
Cease and Desist Order 1103.5526
Refund 1103.5535
Civil Penalty for Engaging in Activity Without Required Certificate or License 1103.5545
Criminal Penalty for Engaging in Activity Without Required Certificate or License
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 1103.458’s source at texas​.gov