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Meeting Details

11/22/2013 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 FEBRUARY 21, 2014
 
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. Patrick Carlson, Mr. Luis F. De La Garza, Mr. Mark McAnally, Ms. Shannon McClendon, and Mr. Clayton Black.

Mr. Keith Kidd was excused due to current military service.
 
AGENDA ITEM 3 - Ratification of the official record of the August 16, 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 no corrections. Mr. De La Garza seconded the motion, and the Board approved the motion unanimously.
 
AGENDA ITEM 4 - Comments from members of the public regarding non-agenda items
 
AGENDA ITEM 5 - 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 10:08 am.
The Chair reconvened the meeting at 11:02 am.
 
AGENDA ITEM 6 - Discussion and possible action to approve agreed final orders and surrenders in the matter of:
a. Complaint # 07-085, 09-278, 10-294, 11-104, 12-115, 13-188, & 13-302 (Lyle Francis Gallagher, TX-1326850-G)
b. Complaint# 12-035 & 13-163 (Larry Milton Street, TX-1332076-R)
c. Complaint# 10-086 & 13-142 (Burke Newel Rees, TX-1337933-L)
d. Complaint# 11-123 & 14-007 (John Wallace Blunt, Jr., TX-1323086-G)
e. Complaint# 13-126 (Muriel J. Pope, TX-1330517-R)
f. Complaint# 13-165 (John Ross Fanning, TX-1324201-G)
g. Complaint# 13-206 (Robert Smallwood, TX-1321833-R)
h. Complaint# 13-164 (Mark Andrew Roberts, TX-1327021-G)
i. Complaint# 13-100 (Steve McDermott, TX-1321032-G, Expired)
j. Complaint# 12-064 (Floyd Edgar Sumrall, TX-1333035-L)
k. Complaint# 13-047 (Richard Leo Dockery, TX-1322548-G)
l. Complaint# 12-062 (John James Stahl, TX-1334105-R)

ACTION TAKEN: All items except 6a and 6i were taken together as one item. Ms. McClendon moved to accept staff’s recommendation of approval of these enforcement matters. Mr. De La Garza seconded the motion, and the Board approved the motion unanimously.

Mr. De La Garza moved to approve item 6a subject to receipt of written verification from the respondent that he understands the exam for the 15-Hour National USPAP Course must be completed with a passing score. Mr. McAnally seconded the motion, and the Board approved the motion unanimously.

Ms. McClendon moved to accept staff’s recommendation of approval of item 6i. Ms. Fontana seconded the motion, and the Board approved the motion unanimously.
 
AGENDA ITEM 7 - Discussion and possible action on Motion for Rehearing in the matter of SOAH Docket #329-13-3390ALC (Francis Kafor, TX-1340428-T)

The Chair named Ms. McClendon as the presiding member for hearing this matter.
Oral arguments were made by Mr. Don Walden, Counsel for the Respondent
Oral arguments were made by Mr. Troy Beaulieu, TALCB Standards & Enforcement Managing Attorney

ACTION TAKEN: Ms. McClendon called for a roll call vote, and the motion was denied by a vote of 5 to 3, with Mr. Black, Ms. Fontana and Mr. McAnally voting to grant the motion.
 
AGENDA ITEM 8 - Report by AMC Advisory Committee
 
AGENDA ITEM 9 - Report by Enforcement Committee
 
AGENDA ITEM 10 - Report by Education Committee
 
AGENDA ITEM 11 - Staff reports on processes, monthly activities, and statistical data
 
AGENDA ITEM 12 - Discussion and possible action to adopt amendments to 22 TAC §153.15 concerning Experience Required for Certification or Licensing
 
AGENDA ITEM 13 - Discussion and possible action to adopt amendments to 22 TAC §153.9 concerning Applications
 
AGENDA ITEM 14 - Discussion and possible action to adopt amendments to 22 TAC §153.17 concerning Renewal or Extension of Certification and License or Renewal of Trainee Approval
 
AGENDA ITEM 15 - Discussion and possible action to adopt amendments to 22 TAC §153.5 concerning Fees
 
AGENDA ITEM 16 - Discussion and possible action to adopt amendments to 22 TAC §159.52 concerning Fees
 
AGENDA ITEM 17 - Discussion and possible action to adopt amendments to 22 TAC §153.24 concerning Complaint Processing
 
AGENDA ITEM 18 - Discussion and possible action to adopt amendments to 22 TAC §155.1 concerning Standards of Practice
 
AGENDA ITEM 19 - Discussion and possible action to adopt amendments to 22 TAC §155.2 concerning Work Relating to Property Tax Protests

ACTION TAKEN: Items 12-19 were taken together. Mr. McAnally moved for the adoption of the rules as presented. Ms. Fontana seconded the motion, and the Board approved the motion unanimously.
 
AGENDA ITEM 20 - Discussion and possible action to propose amendments to 22 TAC §153.11 concerning Examinations

ACTION TAKEN: Mr. McAnally moved that the amendments be proposed for publication in the Texas Register for public comment as recommended by staff. Ms. Fontana seconded the motion, and the Board approved the motion unanimously.
 
AGENDA ITEM 21 - Discussion and possible action to propose amendments to 22 TAC §153.20 concerning Guidelines for Revocation, Suspension, Denial of Licensure; Probation License

ACTION TAKEN: Mr. De La Garza moved that the amendments be proposed for publication in the Texas Register for public comment as recommended by staff and the Enforcement Committee. Ms. McClendon seconded the motion, and the Board approved the motion unanimously.
 
AGENDA ITEM 22 - Discussion and possible action to propose amendments to 22 TAC §153.21 concerning Appraiser Trainees and Sponsors

ACTION TAKEN: Mr. De La Garza moved that the amendments be proposed for publication in the Texas Register for public comment as recommended by staff and the Education Committee. Ms. Wickliffe seconded the motion, and the Board approved the motion unanimously.
 
AGENDA ITEM 23 - Discussion and possible action to approve the rule review plan for FY 2014

ACTION TAKEN: Ms. McClendon moved that the rule review plan be submitted for publication in the Texas Register for public comment as recommended by staff. Ms. Fontana seconded the motion, and the Board approved the motion unanimously.
 
AGENDA ITEM 24 - Discussion and possible action to propose review of:
a. 22 TAC Chapter 155, Rules Relating to Standards of Practice
b. 22 TAC Chapter 157, Rules Relating to Practice and Procedure

ACTION TAKEN: Mr. De La Garza moved that 22 TAC Chapter 155 and 22 TAC Chapter 157 be opened for rule review and submitted for publication in the Texas Register for public comment as recommended by staff. Mr. Black seconded the motion, and the Board approved the motion unanimously.
 
AGENDA ITEM 25 - Discussion and possible action to approve the following revised or new forms:
a. Application for Certification or License by Reciprocity
b. Application for Temporary Non-Resident Appraiser Registration
c. Request for Extension of Temporary Non-Resident Appraiser Registration
d. Request for Inactive Status (For Currently Certified or Licensed Appraisers)
e. Appraiser Continuing Education (ACE) Extension Request
f. Change of Contact Information
g. Appraisal Experience Log Instructions
h. Certificate of License History, Active Licensure, or Sponsorship
i. Credit for Military Experience
j. Supplemental Form for Military Spouse

ACTION TAKEN: Ms. Fontana 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. Ms. McClendon seconded the motion, and the Board approved the motion unanimously.
 
AGENDA ITEM 26 - Discussion and possible action to remove from use the Request for Inactive Status (For Expired Certification or License Within 6 months of Expiration Date) form

ACTION TAKEN: Ms. McClendon moved to remove the form from use. Ms. Wickliffe seconded the motion, and the Board approved the motion unanimously.
 
AGENDA ITEM 27 - Discussion and possible action regarding clarification of Board policy regarding per diems and reimbursement of expenses

ACTION TAKEN: No action was taken. The item was referred to the Executive Committee for a recommendation.
 
AGENDA ITEM 28 - Discussion and possible action regarding placing items on the Board agenda

ACTION TAKEN: Mr. DeLaGarza moved that any member of the Board be able to place an item on a Board meeting agenda without authorization by the Chair. Ms. McClendon seconded the motion, and the Board approved the motion unanimously.
 
AGENDA ITEM 29 - Request for new business agenda items
The Chair officially recognized and welcomed new Board member Patrick Carlson.

Ms. Wickliffe requested that the Executive Committee review the per diem policy and consider a Board mentorship program and an annual Board workshop. She also requested a future item to discuss the display of disciplinary action of licensees on the website.

Ms. McClendon requested future items for discussion to consider options for providing Uniform Standards of Professional Appraisal Practice (USPAP) manuals to licensed appraisers, to investigate approaches for providing appraiser education credit for seminars provided or taught by staff, and to review and act on TALCB policies.
 
AGENDA ITEM 30 - Discussion and possible action to schedule future meeting dates

Future meeting dates were confirmed for February 21, 2014, and May 2, 2014.
 
AGENDA ITEM 31 - The Chair adjourned the meeting at 1:51 pm.