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Meeting Details

02/21/2014 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.

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 - Election of officers

ACTION TAKEN: Mr. Beard opened the floor for nominations for Chair. Hearing none, Mr. De La Garza moved to nominate Ms. Wickliffe as recommended by the Executive Committee. Ms. McClendon seconded the motion, and the Board elected Ms. Wickliffe for Chair unanimously.

Mr. Beard opened the floor for nominations for Vice Chair. Hearing none, Ms. Wickliffe moved to nominate Ms. Fontana as recommended by the Executive Committee. Mr. De La Garza seconded the motion, and the Board elected Ms. Fontana for Vice Chair unanimously.

Mr. Beard opened the floor for nominations for Secretary. Hearing none, Ms. McClendon moved to nominate Mr. McAnally as recommended by the Executive Committee. Ms. Fontana seconded the motion, and the Board elected Mr. McAnally for Secretary unanimously.

The Chair called for a break.
As elected, Ms. Wickliffe assumed the Chair and reconvened the meeting at 10:15 am.
 
AGENDA ITEM 4 - Committee appointments

No action was taken. The Chair requested two weeks to publish her list of appointments.
 
AGENDA ITEM 5 - Discussion and possible action regarding appointments to Peer Investigative Committees

ACTION TAKEN: The Chair, with the consent of the Executive Committee, appointed Glenn Garoon, Robert F. Hetrick, Mark A. Lewis, Peter Mark Loftus, Deloris Kraft-Longoria, Jim D. Pearson, and Dane Sever to Peer Investigative Committees for a period of one year.
 
AGENDA ITEM 6 - Comments from members of the public regarding non-agenda items
 
AGENDA ITEM 7 - Executive session to receive advice of counsel pursuant to Texas Government Code §551.071

No action was taken. Executive session was not needed.
 
AGENDA ITEM 8 - Ratification of the official record of the November, 21, 2013, and November 22, 2013, Board meetings 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 presented and will discuss further with staff. Ms. Fontana seconded the motion, and the Board approved the motion unanimously.
 
AGENDA ITEM 9 - Approval of agreed final orders and surrenders in the matter of:
a. Complaint #13-196 (Ronald Owlen Davis, TX-1322256-R)
b. Complaint #13-099 (Abbie Gail Hawkins, TX-1338340-R)
c. Complaint #14-037 (Christos Catechis, TX-1320570-R)
d. Complaint #13-197 & 13-277 (Robert Wyman Hawkins, Jr., TX-1335830-R)
e. Complaint #13-314 (Michael Lidney Molnari, TX-1336760-R)
f. Complaint #13-305 (Lateef A. Akanji, TX-1335567-R)
g. Complaint #13-200 (Lee Ragland, TX-1331036-R)
h. Complaint #11-015 (William Eugene Smith, TX-1320169-R)
i. Complaint #13-269 (George William Cornelius, TX-1323630-G)
j. Complaint #13-244 (Susie Jordan, TX-1329421-G)
k. Complaint #13-215 & 13-236 (Elbert Eugene Dagley, TX-1328317-R)
l. Complaint #13-124 & 14-052 (Israel R. Galindo, TX-1337554-R)
m. Complaint #13-240 (Burton Craig Clemmer, TX-1320486-G)

ACTION TAKEN: Items 9a, 9b, 9c, 9e, 9g, 9h, 9k, 9l were taken together as one item. Mr. De La Garza moved to approve these enforcement matters. Ms. Fontana seconded the motion, and the Board approved the motion unanimously.

Mr. De La Garza moved to approve item 9d. Ms. Fontana seconded the motion, and the Board approved the motion unanimously.

Mr. Beard moved to approve item 9f. Ms. McClendon seconded the motion, and the Board approved the motion unanimously.

Mr. McAnally moved to approve items 9i, 9j, and 9m. Ms. Fontana seconded the motion, and the Board approved the motion unanimously.

The Chair called for a break at 11:12 am.
The Chair reconvened the meeting at 11:25 am.
 
AGENDA ITEM 10 - Report by AMC Advisory Committee
 
AGENDA ITEM 11 - Report by Enforcement Committee
 
AGENDA ITEM 12 - Report by Executive Committee

The Chair called for a break at 12:40 pm.
The Chair reconvened the meeting at 12:52 pm.
 
AGENDA ITEM 13 - Staff reports on processes, monthly activities, and statistical data
 
AGENDA ITEM 14 - Discussion and possible action to adopt amendments to 22 TAC §153.11. Examinations

ACTION TAKEN: Ms. McClendon moved for the adoption of the rule as published. Ms. Fontana seconded the motion, and the Board approved the motion unanimously.
 
AGENDA ITEM 15 - Discussion and possible action to adopt amendments to 22 TAC §153.20. Guidelines for Revocation, Suspension, Denial of Licensure; Probation License

ACTION TAKEN: Mr. De La Garza moved for the adoption of the rule as published. Ms. McClendon seconded the motion, and the Board approved the motion unanimously.
 
AGENDA ITEM 16 - Discussion and possible action to adopt amendments to 22 TAC §153.21. Appraiser Trainees and Sponsors
 
AGENDA ITEM 17a - Discussion and possible action to propose amendments to 22 TAC §153.1. Definitions

ACTION TAKEN: Ms. McClendon moved that the amendments be proposed for publication in the Texas Register for public comment as recommended by staff. Mr. De La Garza seconded the motion, and the Board approved the motion unanimously.
 
AGENDA ITEM 17b - Discussion and possible action to propose amendments to 22 TAC §153.9. Applications

No action was taken. This item was referred to the Executive Committee for a recommendation.
 
AGENDA ITEM 18 - Discussion and possible action to propose amendments to 22 TAC Chapter 157:
a. 22 TAC §157.3. Scope of Rules
b. 22 TAC §157.4. Computation of Time
c. 22 TAC §157.5. Conduct and Decorum
d. 22 TAC §157.6. Request for Advisory Opinions
e. 22 TAC §157.7. Denial of a License
f. 22 TAC §157.8. Adverse Action Against a Licensee or Registrant
g. 22 TAC §157.9. Notice of Hearing
h. 22 TAC §157.11. Contested Cases; Entry of Appearance; Continuance
i. 22 TAC §157.12. Failure to Attend Hearing; Default Judgment
j. 22 TAC §157.13. Ex Parte Consultations
k. 22 TAC §157.14. Informal Disposition
l. 22 TAC §157.15. Decision
m. 22 TAC §157.17. Final Decisions and Orders
n. 22 TAC §157.18. Motions for Rehearing; Finality of Decisions
o. 22 TAC §157.20. Judicial Review
p. 22 TAC §157.25. Temporary Suspension

ACTION TAKEN: Ms. McClendon moved that the amendments be proposed for publication in the Texas Register for public comment withholding the discussed verbiage in §157.5. Ms. Fontana seconded the motion, and the Board approved the motion unanimously.
 
AGENDA ITEM 19 - Discussion and possible action to propose review of 22 TAC Chapter 153, Rules Relating to Provisions of the Texas Appraiser Licensing and Certification Act

ACTION TAKEN: Ms. Fontana moved that 22 TAC Chapter 153 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 by a vote of 6 to 2, with Mr. De La Garza and Ms. McClendon voting Nay.
 
AGENDA ITEM 20a - Discussion and possible action on recommendations from the Executive Committee regarding framework for orientation and mentorship of new Board members and annual Board workshop

ACTION TAKEN: Mr. McAnally moved to adopt the policy regarding annual training and mentor assignments for the Board as presented. Mr. Black seconded the motion. After discussion, the motion was withdrawn.

Mr. De La Garza moved for a Board directive for half day training in November of every year. Mr. Beard seconded the motion, and the Board approved the motion unanimously.
 
AGENDA ITEM 20b - Discussion and possible action on recommendations from the Executive Committee regarding framework for leadership transition

ACTION TAKEN: Ms. McClendon moved to accept a practice of the Board to have the Executive Committee recommend a slate of officers and to accept floor nominations from any other Board member at the last calendar Board meeting of the year for election the following February. Mr. McAnally seconded the motion, and the Board approved the motion unanimously.
 
AGENDA ITEM 20c - Discussion and possible action on recommendations from the Executive Committee regarding clarification of statutory per diem provisions

ACTION TAKEN: Ms. McClendon moved to refer this item to the Executive Committee for a recommendation. Mr. Beard seconded the motion, and the Board approved the motion unanimously.
 
AGENDA ITEM 21 - Discussion and possible action regarding approaches to enable appraisers to earn ACE credit when Board staff makes presentations

ACTION TAKEN: Ms. McClendon moved to refer this item to the Education Committee for a recommendation. Ms. Fontana seconded the motion, and the Board approved the motion unanimously.
 
AGENDA ITEM 22 - Discussion and possible action to approve agency Investment Policies

ACTION TAKEN: Mr. Beard moved to approve the existing policy as recommended by staff. Mr. De La Garza seconded the motion, and the Board approved the motion unanimously with the exception of Ms. McClendon who abstained.
 
AGENDA ITEM 23 - Discussion of ASB program for a current version of USPAP to be drop-shipped to all appraisers in Texas
 
AGENDA ITEM 24 - Discussion and possible action on current and 2015 AQB education criteria

No action was taken.
 
AGENDA ITEM 25 - Discussion and possible action regarding a timeline and process for review of existing Board policies

ACTION TAKEN: Ms. McClendon moved to refer this item to the Executive Committee for a recommendation. Mr. Beard seconded the motion, and the Board approved the motion unanimously.
 
AGENDA ITEM 26 - Discussion of Commissioner’s directions to staff on responses to requests from Board members
 
AGENDA ITEM 27 - Discussion and possible action to approve changes to TALCB forms:
a. Appraisal Management Company (AMC) Request for Active Status
b. Appraisal Management Company (AMC) Change of AMC Place of Business
c. Appraisal Management Company (AMC) Change of Designated In-State Agent Information
d. Appraisal Management Company (AMC) Change of Appraiser Information
e. Notice of DBA for an AMC
f. Change of Name for License Holder

ACTION TAKEN: Ms. McClendon moved to approve the forms as presented. Mr. De La Garza seconded the motion, and the Board approved the motion unanimously.
 
AGENDA ITEM 28 - Report of the Appraisal Subcommittee
 
AGENDA ITEM 29 - Request for potential future meeting agenda items

Ms. McClendon requested future items to discuss letters sent to Board members from Governor Rick Perry regarding the responsibilities of Board members and an upcoming agency audit. She also requested discussion regarding possible budget revisions as a result of back pay per diems, audits, staff bonuses, and expenses. In addition, Ms. McClendon requested agenda items to explore the possibilities of hiring an Administrative Law Judge and an Executive Director solely for TALCB, and to establish a policy to communicate federal and jurisdictional deadlines to the State Office of Administrative Hearings.
 
AGENDA ITEM 30 - Discussion and possible action to schedule future meeting dates

No action was taken.
 
AGENDA ITEM 31 - The Chair adjourned the meeting at 3:17 pm.