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Meeting Details

08/16/2013 at 10:00 am
Stephen F. Austin Building, Room 170
1700 North Congress
Austin, TX 78701

Meeting Materials

Meeting Video

TALCB Board Meeting


These minutes set out the agenda item, the subject matter discussed, and any action taken on each item. To hear the full discussion on any agenda item, click on the link, and you will be taken directly to that section of the meeting video on the right side of the screen.

- THESE MINUTES ARE THE OFFICIAL RECORD OF THIS MEETING AS A MAJORITY OF THE BOARD RATIFIED THEM ON NOVEMBER 22, 2013.
 
AGENDA ITEM 1 - Call to order and pledges of allegiance
 
AGENDA ITEM 2 - Roll call and discussion and possible action to excuse Board member absences, if any

A roll call was conducted by the recording secretary and the following members of the Board, constituting a quorum, answered present: Chair, Mr. Walker R. Beard, Vice Chair, Ms. Jamie S. Wickliffe, Secretary, Ms. Laurie C. Fontana, Mr. Luis F. De La Garza, Mr. Mark McAnally, Mr. Keith Kidd, Ms. Shannon McClendon, and Mr. Clayton Black.
 
AGENDA ITEM 3 - Recognition of Ms. Sheryl Swift for her service on the Board
 
AGENDA ITEM 4 - Ratification of the official record of the May 17, 2013, Board meeting as approved for posting on the website by the Secretary of the Board

ACTION TAKEN: Ms. McClendon moved to ratify the minutes as approved for publication by the Board Secretary with corrections and requests as she will discuss with staff. Mr. Black seconded the motion, and the Board approved the motion unanimously.
 
AGENDA ITEM 5 - Comments from members of the public regarding non-agenda items
 
AGENDA ITEM 6 - Executive session to receive advice of counsel pursuant to Texas Government Code §551.071

ACTION TAKEN: The Chair called the Board into executive session at 10:20 am.
The Chair reconvened the meeting at 11:15 am.
 
AGENDA ITEM 7 - Discussion and possible action to approve agreed final orders and surrenders in the matter of:
a. Complaint #10-281, 10-295, 10-315, 12-120 (James Harold Parhms, TX-1338782-R)
b. Complaint #13-094 & 13-168 (James M. Willis, TX-1322906-G)
c. Complaint #10-228 & 13-113 (Richard Allen Taylor, TX-1326295-R)
d. Complaint #13-153 (Casey Jean Penn, TX-1336283-R)
e. Complaint #12-064 (Floyd Edgar Sumrall, Jr., TX-1333035-L)
f. Complaint #13-069 (Michael Lynn Hendrix, TX-1336152-G)
g. Complaint #12-308 (Thuan Ngoc Phan, TX-1329163-L)
h. Complaint #13-031 (Alberto Castillo, TX-1334674-R)
i. Complaint #13-030 (Forrest James French, TX-1330265-G)
j. Complaint #12-123 (James Wade Purdy, TX-1336490-L)
k. Complaint #13-127 (Roger P. Lane, TX-1334329-R)
l. Complaint #12-070 (Wendall Paul Young, TX-1321410-G)
m. Complaint #12-062 (John James Stahl, TX-1334104-R)
n. Complaint #12-203 (James Brian Banks, TX-1323923-R)

Staff asked for a withdrawal of Items 7e, 7f, and 7m, because they had not yet been received by staff.

ACTION TAKEN: Mr. McAnally moved to accept staff’s recommendation of approval of the remaining enforcement matters under item 7. Ms. Fontana seconded the motion, and the Board approved the motion unanimously.
 
AGENDA ITEM 8 - Discussion and possible action to approve modifications of Board orders in the matter of Complaint #10-087 (Caleb Cole Jackson, TX-1324707-R)

ACTION TAKEN: Ms. McClendon moved that the request for modification be denied as recommended by staff. Mr. DeLaGarza seconded the motion, and the Board unanimously approved the motion.
 
AGENDA ITEM 9 - Discussion and possible action on the Proposal for Decision from the State Office of Administrative Hearings (SOAH) Administrative Law Judge in the matter of SOAH Docket #329-13-3390.ALC (Francis Kafor, TX-1340428-T)
Comments were made by Mr. Troy Beaulieu, TALCB Standards & Enforcement Managing Attorney
Comments were made by Mr. Don Walden on behalf of Mr. Ted Whitmer, Counsel for the Respondent
Comments were made by Mr. Francis Kafor, Respondent

ACTION TAKEN: Mr. McAnally moved to accept the Proposal for Decision. Mr. DeLaGarza seconded the motion, and the Board unanimously approved the motion with the exception of Ms. McClendon, Mr. Kidd, and Ms. Fontana who abstained from the vote.
 
AGENDA ITEM 10 - Report by Executive Committee
 
AGENDA ITEM 11 - Report by Budget/Finance Committee
 
AGENDA ITEM 12 - Report by Enforcement Committee
 
AGENDA ITEM 13 - Report by Education Committee
 
AGENDA ITEM 14 - Staff reports on processes, monthly activities, and statistical data
 
AGENDA ITEM 15 - Discussion and possible action to adopt amendments to 22 TAC §153.20 concerning Guidelines for Revocation, Suspension, Denial of Licensure or Certification; Probationary Licensure

ACTION TAKEN: Ms. McClendon moved for the adoption of the rule as presented. Ms. Wickliffe seconded the motion, and the Board unanimously approved the motion.
 
AGENDA ITEM 16 - Discussion and possible action to adopt new 22 TAC Chapter 157, Subchapter E, Alternative Dispute Resolution as follows:
a. §157.30, Alternative Dispute Resolution
b. §157.31, Informal Conference
c. §157.32, Negotiated Settlement
d. §157.33, Mediation
e. §157.36, Stipulations
f. §157.37, Agreements
g. §157.38, Confidentiality

ACTION TAKEN: Ms. Kerri Lewis, TALCB General Counsel, presented staff’s recommendation that the rule be adopted as published except for the non-substantive changes she presented for the purpose of clarification. Ms. McClendon moved that the rule be adopted per staff’s recommendation with the addition of discussed changes to §157.31(b). Mr. De La Garza seconded the motion.

Ms. McClendon amended the original motion to adopt the rule with changes to delete the staff presented addition to §157.31(b), insert “or other advocates” to clarify that respondents can bring any parties they wish to an informal conference, and to rename an “informal conference” as an “investigative conference” as referenced throughout the rule and on all ancillary documents. The Board approved the motion unanimously.
 
AGENDA ITEM 17 - Discussion and possible action to adopt amendments to 22 TAC §159.159 concerning Disclosure of Registration Number

ACTION TAKEN: Ms. Wickliffe moved for the adoption of the rule as presented. Mr. DeLaGarza seconded the motion, and the Board unanimously approved the motion.
 
AGENDA ITEM 18 - Discussion and possible action to adopt amendments to 22 TAC §159.109 concerning Inactive Status

ACTION TAKEN: Mr. Black moved for the adoption of the rule as presented. Mr. DeLaGarza seconded the motion, and the Board unanimously approved the motion.
 
AGENDA ITEM 19 - Discussion and possible action to adopt amendments to 22 TAC §159.155 concerning Periodic Review of Appraisals

ACTION TAKEN: Ms. Wickliffe moved that the amendments be adopted as presented. Mr. Kidd seconded the motion, and the Board unanimously approved the motion.
 
AGENDA ITEM 20 - Discussion and possible action to take emergency action to adopt amendments to 22 TAC §153.15 concerning Experience Required for Certification or Licensing

ACTION TAKEN: Mr. McAnally moved that the amendments be adopted on an emergency basis as presented. Mr. Black seconded the motion, and the Board unanimously approved the motion.
 
AGENDA ITEM 21 - Discussion and possible action to propose amendments to 22 TAC §153.15 concerning Experience Required for Certification or Licensing

ACTION TAKEN: Mr. DeLaGarza moved that the amendments be proposed for publication as presented. Mr. Kidd seconded the motion, and the Board unanimously approved the motion.
 
AGENDA ITEM 22 - Discussion and possible action to propose amendments to 22 TAC §153.6 concerning Applications

ACTION TAKEN: Mr. McAnally moved that the amendments be proposed for publication as presented. Ms. McClendon seconded the motion, and the Board unanimously approved the motion.
 
AGENDA ITEM 23 - Discussion and possible action to propose amendments to 22 TAC §153.17 concerning Renewal or Extension of Certification and License or Renewal of Trainee Approval

ACTION TAKEN: Ms. Lewis presented staff’s recommendation that the rule be proposed with additional changes as she presented. Ms. McClendon moved that the rule be proposed for publication per staff’s recommendation. Mr. Kidd seconded the motion, and the Board unanimously approved the motion.
 
AGENDA ITEM 24 - Discussion and possible action to propose amendments to 22 TAC §153.5 concerning Fees
 
AGENDA ITEM 25 - Discussion and possible action to propose amendments to 22 TAC §159.52 concerning Fees
 
AGENDA ITEM 26 - Discussion and possible action to propose amendments to 22 TAC §153.24 concerning Complaint Processing
 
AGENDA ITEM 27 - Discussion and possible action to propose amendments to 22 TAC §155.1 concerning Standards of Practice

ACTION TAKEN: Items 24–27 were taken together. Ms. McClendon moved that the amendments be proposed for publication as recommended by staff (Items 24 & 25) and the Enforcement Committee (Items 26 & 27). Mr. DeLaGarza seconded the motion, and the Board unanimously approved the motion.
 
AGENDA ITEM 28 - Discussion and possible action to propose amendments to 22 TAC §155.2 concerning Work Relating to Property Tax Protests

ACTION TAKEN: Mr. DeLaGarza moved that the amendments be proposed for publication as presented. Ms. Fontana seconded the motion, and the Board unanimously approved the motion.
 
AGENDA ITEM 29 - Discussion and possible action to on recommendations from the Education Committee regarding Appraiser Trainee/Supervisor Course and Texas Update course structure.

No action was taken.
 
AGENDA ITEM 30 - Discussion and possible action on recommendations from the Executive Committee regarding a system or procedure to track staff implementation of Board directives
The Chair called the Board into executive session at 3:27 pm.
The Chair reconvened the meeting at 3:42 pm.

Ms. McClendon left the meeting after executive session and did not return.

This item was tabled until additional information can be received from staff.
 
AGENDA ITEM 31 - Discussion and possible action to approve a Memorandum of Understanding with the Texas Real Estate Commission regarding administrative services provided by TREC staff

ACTION TAKEN: Mr. DeLaGarza moved that the Memorandum of Understanding be approved as presented. Mr. Black seconded the motion, and the Board unanimously approved the motion.
 
AGENDA ITEM 32 - Discussion and possible action to adopt the FY2014 TALCB Budget

ACTION TAKEN: Mr. McAnally moved to adopt the budget. Mr. DeLaGarza seconded the motion, and the Board unanimously approved the motion.
 
AGENDA ITEM 33 - Discussion regarding legislative matters
 
AGENDA ITEM 34 - Discussion and possible action to authorize Board staff to amend TALCB renewal forms to remove the optional electronic newsletter fee

ACTION TAKEN: Ms. Wickliffe moved to approve staff to make the form amendments. Mr. Kidd seconded the motion, and the Board unanimously approved the motion.
 
AGENDA ITEM 35 - Discussion and possible action to approve the following revised forms:
a. Application for Approval as an Appraiser Trainee
b. Application for Appraiser License
c. Application for Certified Residential Appraiser
d. Application for Certified General Appraiser
e. Appraisal Experience Affidavit (for Appraisers & Trainees)
f. Appraisal Experience Explanation
g. Appraiser Continuing Education Submission Form
h. Request for Active Status

ACTION TAKEN: Mr. DeLaGarza moved to approve the forms as presented with staff’s recommendation that the $20 paper filing fee be added 30 days after the corresponding transactions are available online. Mr. Black seconded the motion, and the Board unanimously approved the motion.
 
AGENDA ITEM 36 - Discussion and possible action to approve a new form for:
a. AMC to Elect Inactive Status
b. AMC Renewal

ACTION TAKEN: Ms. Wickliffe moved to approve the new forms as presented. Ms. Fontana seconded the motion, and the Board unanimously approved the motion.
 
AGENDA ITEM 37 - Discussion and possible action to approve National Registry Access Policy

ACTION TAKEN: Mr. Black moved to approve the policy as presented. Mr. McAnally seconded the motion, and the Board unanimously approved the motion.
 
AGENDA ITEM 38 - Discussion and possible action to authorize the TALCB Commissioner to issue a request for proposals for examination related services

ACTION TAKEN: Mr. DeLaGarza moved to approve the policy as presented. Ms. Fontana seconded the motion, and the Board unanimously approved the motion.
 
AGENDA ITEM 39 - Request for new business agenda items

Mr. McAnally requested a future item for discussion to clarify the statute regarding per diem and reimbursement of expenses for Board members.
 
AGENDA ITEM 40 - Discussion and possible action to schedule future meeting dates

Future meeting dates were set for November 21, 2013 (Board member training), November 22, 2013, February 21, 2014, and May 2, 2014.
 
AGENDA ITEM 41 - The Chair adjourned the meeting at 4:04 pm.