Skip to Content

License Holder Search

Meeting Details

05/09/2014 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, Ms. Jamie S. Wickliffe, Ms. Laurie C. Fontana, Mr. Mark McAnally, Mr. Luis F. DeLaGarza, Mr. Walker Beard, Mr. Brian Padden, Mr. Patrick Carlson, Mr. Clayton Black, and Mr. Jesse Barba.
 
AGENDA ITEM 3 - Welcome new Board members and recognize outgoing Board members

The Chair officially welcomed new Board members Mr. Jesse Barba and Mr. Brian Padden. The Chair also recognized outgoing members Mr. Keith Kidd and Ms. Shannon McClendon for their service on the Board.
 
AGENDA ITEM 4 - Comments from members of the public regarding non-agenda items
 
AGENDA ITEM 5 - Ratification of the official record of the February 21, 2014 Board meeting as approved for posting on the website by the Secretary of the Board

ACTION TAKEN: Mr. DeLaGarza moved to ratify the minutes as approved for publication by the Board Secretary. Mr. Beard seconded the motion, and the Board approved the motion unanimously with the exception of Mr. Barba who abstained.
 
AGENDA ITEM 6 - Approval of agreed final orders and surrenders in the matter of:
a. (Marvin Reshun Hassell, TX-1340068-T)
b. (Jason Greg Wampler, TX-1340341-T)
c. (Sidney Patrick Victory, III, TX-1340188-T)
d. Audit# 14-042 (Steven Price Poland, TX-1340256-T)
e. Complaint# 14-018 (Christopher Shiao, TX-1336510-L)
f. Complaint# 13-296 (James Shaun Blackmon, TX-1322168-R)
g. Complaint# 13-328 (Raymond C. Harrison, TX-1324528-G)
h. Complaint# 13-256 (Paul George Zacour, TX-1322726-G)
i. Complaint# 14-021 (Jason Paul Grubert, TX-1337394-R)
j. Complaint# 13-330 (Duncan Clark Gimpel, Jr., TX-1326989-G)
k. Complaint# 13-301 (Michael John Braught, TX-1333875-R)
l. Complaint# 13-224 (Kenneth Lynwood Becker, TX-1338662-R)
m. Complaint# 14-036 (Michael W. Langer, TX-1333611-L)
n. Complaint# 13-251 (Chencheng Jack Wu, TX-1322574-G)

ACTION TAKEN: Items 6a and 6c – 6n were taken together as one item. Mr. DeLaGarza moved to approve these enforcement matters. Mr. Black seconded the motion, and the Board approved the motion unanimously.
Comments were made by Bobby Crisp, representing himself, regarding item 6b.
Troy Beaulieu, TALCB Standards & Enforcement Managing Attorney
Kyle Wolfe, TALCB Standards & Enforcement Staff Attorney
Mark Mrnak, TALCB Standards & Enforcement Director

ACTION TAKEN: Mr. DeLaGarza moved to take no action on item 6b. Mr. McAnally seconded the motion. After discussion, the motion was withdrawn.

Mr. DeLaGarza moved to approve item 6b with the removal of items 1, 4 & 5, subject to a demonstration that the compliance requirements in items 2 & 3 have been completed. After discussion, the motion was withdrawn.

Ms. Fontana moved to approve item 6b with an amendment to limit the term of the probationary status to 1 day. Mr. DeLaGarza seconded the motion, and the Board approved the motion unanimously.
 
AGENDA ITEM 7 - 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 11:20 am.
The Chair reconvened the meeting at 12:00 pm.
 
AGENDA ITEM 8 - Report by AMC Advisory Committee
 
AGENDA ITEM 9 - Report by Budget Committee
 
AGENDA ITEM 10 - Report by Enforcement Committee
 
AGENDA ITEM 11 - Report by Executive Committee
 
AGENDA ITEM 12 - Staff reports on processes, monthly activities, and statistical data
 
AGENDA ITEM 13 - Discussion and possible action to adopt amendments to 22 TAC §153.1. Definitions

ACTION TAKEN: Ms. Fontana moved for the adoption of the rule as presented. Mr. Beard seconded the motion, and the Board approved the motion unanimously.
 
AGENDA ITEM 14 - Discussion and possible action to adopt amendments to 22 TAC Chapter 157, Rules Relating to Practice and Procedure:
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: Mr. Beard moved for the adoption of the rule as published. Mr. Padden seconded the motion, and the Board approved the motion unanimously.
 
AGENDA ITEM 15 - Discussion and possible action to propose amendments to 22 TAC Chapter 153, Rules Relating to Provisions of the Texas Appraiser Licensing and Certification Act:
a. 22 TAC §153.3. The Board
b. 22 TAC §153.5. Fees
c. 22 TAC §153.8. Scope of Practice
d. 22 TAC §153.9. Applications
e. 22 TAC §153.10. Issuance of Certification, License, or Trainee Approval
f. 22 TAC §153.11. Examinations
g. 22 TAC §153.13. Educational Requirements
h. 22 TAC §153.15. Experience Required for Certification or Licensing
i. 22 TAC §153.17. Renewal or Extension of Certification and License or Renewal of Trainee Approval
j. 22 TAC §153.18. Appraiser Continuing Education (ACE)
k. 22 TAC §153.19. Licensing and Certification for Persons with Criminal Histories
l. 22 TAC §153.20. Guidelines for Revocation, Suspension, Denial of Licensure or Certification; Probationary Licensure
m. 22 TAC §153.21. Appraiser Trainees and Sponsors
n. 22 TAC §153.23. Inactive Status
o. 22 TAC §153.24. Complaint Processing
p. 22 TAC §153.25. Temporary Out-of-State Appraiser Registration
q. 22 TAC §153.26. Identity Theft
r. 22 TAC §153.27. Certification and Licensure by Reciprocity
s. 22 TAC §153.33. Signature or Endorsement of Appraisal
t. 22 TAC §153.37. Criminal Matters Referred to Law Enforcement

ACTION TAKEN: Mr. McAnally moved that the amendments be proposed 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 16 - Discussion and possible action to repeal 22 TAC §153.16. Provisional License

ACTION TAKEN: Mr. DeLaGarza moved that the repeal be proposed for publication in the Texas Register for public comment as recommended by staff. Mr. Barba seconded the motion, and the Board approved the motion unanimously.
 
AGENDA ITEM 17 - Discussion and possible action to close the 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. McAnally moved that the rule review of 22 TAC Chapter 155 and 22 TAC Chapter 157 be closed. Mr. Beard seconded the motion, and the Board approved the motion unanimously.
 
AGENDA ITEM 18 - Discussion and possible action to open the review of 22 TAC Chapter 159, Rules Relating to Provisions of the Texas Appraisal Management Company Registration and Regulation Act

ACTION TAKEN: Mr. Black moved that 22 TAC Chapter 159 be opened for rule review and 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 19a - Discussion and possible action on recommendations from the Enforcement Committee regarding changing the language in Board orders from “certified funds” to “cashier’s check or money order” to clarify how respondents may submit payment for administrative penalties

ACTION TAKEN: Mr. DeLaGarza moved to approve the changes to Board orders as presented. Mr. Barba seconded the motion, and the Board approved the motion unanimously.
 
AGENDA ITEM 19b - Discussion and possible action on recommendations from the Enforcement Committee regarding including the category of property being appraised in all Board orders

ACTION TAKEN: Mr. DeLaGarza moved to approve the changes to Board orders as presented. Mr. McAnally seconded the motion, and the Board approved the motion unanimously.
 
AGENDA ITEM 19c - Discussion and possible action on recommendations from the Enforcement Committee regarding retaining criteria that PIC members be certified USPAP instructors

ACTION TAKEN: Mr. DeLaGarza moved to retain the current criteria for PIC members. Mr. Beard seconded the motion, and the Board approved the motion unanimously.
 
AGENDA ITEM 19d - Discussion and possible action on recommendations from the Enforcement Committee regarding taking no additional action to inform SOAH of the federally mandated deadline for processing complaints

ACTION TAKEN: Mr. McAnally moved to take no additional action on this item. Mr. Beard seconded the motion, and the Board approved the motion unanimously.
 
AGENDA ITEM 19e - Discussion and possible action on recommendations from the Enforcement Committee regarding adopting flow charts of complaint process for posting on the website

ACTION TAKEN: The Chair moved to adopt the flow charts as presented. Mr. DeLaGarza seconded the motion, and the Board approved the motion unanimously.

The Chair called for a break at 1:32 pm.
The Chair reconvened the meeting at 1:45 pm.
 
AGENDA ITEM 20a - Discussion and possible action on recommendations from the Executive Committee regarding annual half-day Board workshop

ACTION TAKEN: Mr. Black moved to accept a practice of an annual half-day Board workshop. Ms. Fontana seconded the motion, and the Board approved the motion unanimously.
 
AGENDA ITEM 20b - Discussion and possible action on recommendations from the Executive Committee regarding process for leadership transition

ACTION TAKEN: Mr. DeLaGarza moved to accept a practice of leadership transition to accept floor nominations from any Board member to create a slate of officers at the last Board meeting of the calendar year for election the following February. Mr. Black seconded the motion, and the Board approved the motion unanimously.
 
AGENDA ITEM 20c - Discussion and possible action on recommendations from the Executive Committee regarding statutory per diem and travel reimbursement policy, including election by Board members at the time of appointment

ACTION TAKEN: Mr. Beard moved to adopt the Per Diem and Travel Expense Reimbursement Election Form as presented for use by the Board. Mr. McAnally seconded the motion, and the Board approved the motion unanimously.
 
AGENDA ITEM 20d - Discussion and possible action on recommendations from the Executive Committee regarding the ASB program for drop-shipping USPAP to Texas appraisers

ACTION TAKEN: Mr. DeLaGarza moved to take no action on this item. Mr. Barba seconded the motion, and the Board approved the motion unanimously.
 
AGENDA ITEM 20e - Discussion and possible action on recommendations from the Executive Committee regarding a procedure for adding items to an agenda

ACTION TAKEN: Ms. Fontana moved to approve a policy that a Board member may add an item to the Board agenda with approval of the Chair or with the agreement of at least one other member. Mr. DeLaGarza seconded the motion. After discussion, the motion was withdrawn.

Mr. Beard moved to approve a policy consistent with Robert’s Rules of Order, that a Board member may add an item to the agenda with approval of the Chair or a majority vote of the Board. Mr. Padden seconded the motion, and the Board approved the motion by a vote of 8 to 1, with Mr. DeLaGarza voting Nay.
 
AGENDA ITEM 21 - Discussion and possible action regarding submission of comments to the Bureau of Consumer Finance Protection and other federal agencies regarding proposed federal rules for AMCs

ACTION TAKEN: Mr. Beard moved to direct staff to submit the comments on behalf of the Board. Ms. Fontana seconded the motion, and the Board approved the motion unanimously.
 
AGENDA ITEM 22 - Discussion and possible action on recommendations from the Budget Committee regarding draft FY2015 budget for the Board

No action was taken.
 
AGENDA ITEM 23 - Discussion and possible action regarding the Agency’s Strategic Plan for FY2015-2019

No action was taken.
 
AGENDA ITEM 24 - Discussion and possible action regarding alternative standards for evaluating required experience for certification

No action was taken. This item was referred to the Enforcement Committee for a recommendation.
 
AGENDA ITEM 25 - Request for potential future meeting agenda items

ACTION TAKEN: Mr. DeLaGarza requested that an amended policy or rule change regarding adding items to the agenda be explored by the Executive Committee for future consideration by the Board. Ms. Fontana seconded the motion, and the motion was approved by a vote of 8 to 1, with Mr. McAnally voting Nay.

Mr. McAnally requested that staff processes for dismissing complaints related to evaluating experience credits be reviewed and explored by the Enforcement Committee for future consideration by the Board. Mr. DeLaGarza seconded the motion, and the motion was approved unanimously.

Mr. Padden requested an agenda item to review and discuss a draft agenda for the annual half-day Board training. The Chair approved adding this item to a future agenda.
 
AGENDA ITEM 26 - Discussion and possible action to schedule future meeting dates

Future meeting dates were confirmed for August 15, 2014, November 20, 2014 (Board training), and November 21, 2014.
 
AGENDA ITEM 27 - The Chair adjourned the meeting at 3:40 pm.