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Meeting Details

08/15/2014 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.

*Note, while the written portion of the minutes below are published in agenda order, the Board may have taken items out of order.

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, Mr. Mark McAnally, Mr. Luis F. DeLaGarza, Mr. Walker Beard, Mr. Brian Padden, Mr. Clayton Black, and Mr. Jesse Barba.

ACTION TAKEN: Mr. DeLaGarza moved to excuse the absences of Ms. Laurie Fontana and Mr. Patrick Carlson. Mr. Barba seconded the motion, and the Board approved the motion unanimously.
 
AGENDA ITEM 3 - Comments from members of the public regarding non-agenda items

No comments were offered.
 
AGENDA ITEM 4 - 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 10:06 am.
The Chair reconvened the meeting at 10:51 am.
 
AGENDA ITEM 5 - Ratification of the official record of the May 9, 2014 and July 14, 2014 Board meetings as approved for posting on the website by the Secretary of the Board
 
AGENDA ITEM 6 - Approval of agreed final orders and surrenders in the matter of:
a. Audit# 13-105 (Brandon S. Simpson, TX-1340177-T)
b. Complaint# 14-079 (Billy F. Jackson, TX-1320715-G)
c. Complaint# 14-034 (Laura Ali, TX-1334276-R)

ACTION TAKEN: Items 5, 6a, and 6b were taken together as one item. Mr. Beard moved to approve these enforcement matters. Mr. Barba seconded the motion, and the Board approved the motion unanimously.

Mr. Beard moved to approve item 6c as corrected by staff. Mr. McAnally seconded the motion, and the Board approved the motion unanimously.
 
AGENDA ITEM 7 - Discussion and possible action to approve request for modification of agreed order in the matter of Complaint# 13-126 (Muriel Pope, TX-1338570-G)

ACTION TAKEN: Mr. DeLaGarza moved that the request for modification be approved as amended by staff. Mr. Padden seconded the motion, and the Board approved the motion unanimously.
 
AGENDA ITEM 8 - Discussion and possible action on proposal for decision from the State Office of Administrative Hearings in the matter of SOAH Docket #329-14-2114.ALC (Robert Chandler Smith, TX-1337411-L)

ACTION TAKEN: Mr. McAnally moved to accept the Proposal for Decision. Mr. Beard seconded the motion, and the Board approved the motion unanimously.
 
AGENDA ITEM 9 - Discussion and possible action regarding compliance with agreed order in the matter of Complaint #13-099 (Abbie Gail Hawkins, TX-1338340-R)
Comments were made by Mr. Mark Mrnak, TALCB Director of Standards & Enforcement Services
Comments were made by Ms. Abbie Hawkins, Respondent

ACTION TAKEN: Mr. DeLaGarza moved to extend the compliance deadline and effective date of suspension for non-compliance to September 2, 2014 as recommended by staff. Mr. Black seconded the motion, and the Board approved the motion unanimously.
 
AGENDA ITEM 10 - Report by AMC Advisory Committee
 
AGENDA ITEM 11 - Report by Budget Committee
 
AGENDA ITEM 12 - Report by Education Committee
 
AGENDA ITEM 13 - Report by Enforcement Committee
 
AGENDA ITEM 14 - Report by Executive Committee
 
AGENDA ITEM 15 - Staff reports on processes, monthly activities, and statistical data
 
AGENDA ITEM 16 - Discussion and possible action regarding report from state auditor

No action was taken.
 
AGENDA ITEM 17 - Discussion and possible action to adopt 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 for the adoption of the rule as published. Mr. Beard seconded the motion, and the Board approved the motion unanimously.
 
AGENDA ITEM 18a - Discussion and possible action to propose amendments to 22 TAC §153.1, Definitions

ACTION TAKEN: Mr. McAnally moved that the amendments be proposed for publication in the Texas Register for public comment as recommended by staff. Mr. Beard seconded the motion, and the Board approved the motion unanimously.
 
AGENDA ITEM 18b - Discussion and possible action to propose amendments to 22 TAC §153.5, Fees

ACTION TAKEN: Mr. DeLaGarza moved that the amendments be proposed for publication in the Texas Register for public comment as recommended by staff. Mr. McAnally seconded the motion, and the Board approved the motion unanimously.
 
AGENDA ITEM 19 - Discussion and possible action to propose amendments to 22 TAC §157.31, Investigative Conference
Comments were made by Mr. Mark Loftus, representing Appraisal Practice Consultation, regarding the depth of the information provided to respondents prior to an investigative conference

ACTION TAKEN: Mr. Beard moved that the amendments be proposed for publication in the Texas Register for public comment as recommended by staff. Mr. McAnally seconded the motion, and the Board approved the motion unanimously.
 
AGENDA ITEM 20 - Discussion and possible action to propose amendments to 22 TAC Chapter 159, Rules Relating to Provisions of the Texas Appraisal Management Company Registration and Regulation:
a. 22 TAC §159.1. Definitions
b. 22 TAC §159.3. Appraisal Management Company Advisory Committee
c. 22 TAC §159.4. Jurisdiction and Exemptions
d. 22 TAC §159.52. Fees
e. 22 TAC §159.101. Registration Requirements
f. 22 TAC §159.102. Eligibility for Registration; Ownership
g. 22 TAC §159.103. Applications
h. 22 TAC §159.104. Primary Contact; Appraiser Contact
i. 22 TAC §159.105. Denial of Registration
j. 22 TAC §159.107. Expiration
k. 22 TAC §159.108. Renewal
l. 22 TAC §159.109. Inactive Status
m. 22 TAC §159.154. Competency of Appraisers
n. 22 TAC §159.155. Periodic Review of Appraisals
o. 22 TAC §159.156. Business Records
p. 22 TAC §159.157. Compensation of Appraisers
q. 22 TAC §159.159. Disclosure of Registered Name and Registration Number
r. 22 TAC §159.161. Appraiser Panel
s. 22 TAC §159.162. Dispute Resolution
t. 22 TAC §159.201. Guidelines for Revocation, Suspension or Denial of a Registration
u. 22 TAC §159.204. Complaint Processing
Comments were made by Mr. Mark Loftus, representing Appraisal Practice Consultation, regarding the proposed reduction in the percentage of reviews that an AMC must perform

ACTION TAKEN: Mr. DeLaGarza moved that the amendments be proposed for publication in the Texas Register for public comment as recommended by staff. Mr. Beard seconded the motion, and the Board approved the motion unanimously.
 
AGENDA ITEM 21 - Discussion and possible action to close the review of 22 TAC, Chapter 153, Rules Relating to Provisions of the Texas Appraiser Licensing and Certification Act

ACTION TAKEN: Mr. McAnally moved that the rule review of 22 TAC Chapter 153 be closed. Mr. Beard seconded the motion, and the Board approved the motion unanimously.

The Chair called for a break at 12:48 pm.
The Chair reconvened the meeting at 12:59 pm.
 
AGENDA ITEM 22 - Discussion and possible action regarding the Agency’s Strategic Plan for FY2015-2019

ACTION TAKEN: Mr. DeLaGarza moved to approve the Strategic Plan for publication as presented. Mr. McAnally seconded the motion, and the Board approved the motion unanimously.
 
AGENDA ITEM 23 - Discussion and possible action on recommendations from the Budget Committee regarding FY2015 budget for the Board

ACTION TAKEN: Mr. McAnally moved to adopt the FY2015 budget for the Board with a $1500 increase for travel. Mr. DeLaGarza seconded the motion, and the Board approved the motion unanimously.

Mr. McAnally moved that Mr. Padden be appointed to participate in a joint working group with the Texas Real Estate Commission to explore the possibility of constructing an office building. Mr. Beard seconded the motion, and the Board approved the motion unanimously.
 
AGENDA ITEM 24a - Discussion and possible action on recommendations from the Education Committee regarding possible amendments to 22 TAC §153.21, Appraiser Trainees and Sponsors

ACTION TAKEN: Mr. DeLaGarza moved that the Board endorse this item to be further vetted by the Education Committee. Mr. Beard seconded the motion, and the Board approved the motion unanimously.
 
AGENDA ITEM 24b - Discussion and possible action on recommendations from the Education Committee regarding development of a voluntary appraiser trainee experience review program
Comments were made by Mr. Mark Loftus, representing Appraisal Practice Consultation, regarding reasons to oppose the implementation of such a program

ACTION TAKEN: Mr. DeLaGarza moved to refer this item to the Education and Enforcement Committees for further development. The Board approved the motion unanimously.
 
AGENDA ITEM 24c - Discussion and possible action on recommendations from the Education Committee regarding pursuit of a statutory change to allow ACE credit to be given for attending presentations by Board members or staff

ACTION TAKEN: Mr. DeLaGarza moved that the Board endorse this item to be further vetted by the Education Committee. Mr. Black seconded the motion, and the Board approved the motion unanimously.
 
AGENDA ITEM 24d - Discussion and possible action on recommendations from the Education Committee regarding development of a process for license holders to receive 2-4 hours of ACE credit for attending a full meeting of the Board in compliance with AQB criteria

ACTION TAKEN: Mr. DeLaGarza moved to refer this item to the Education Committee for further development and recommendation. Mr. Barba seconded the motion, and the Board approved the motion unanimously.
 
AGENDA ITEM 25a - Discussion and possible action on recommendations from the Enforcement Committee regarding notice provided to respondents who request a copy of investigative reports

ACTION TAKEN: Mr. McAnally moved to adopt the policy with changes to the notice as presented. Mr. DeLaGarza seconded the motion, and the Board approved the motion unanimously.
 
AGENDA ITEM 25b - Discussion and possible action on recommendations from the Enforcement Committee regarding development of a rule for alternate experience requirements for previously licensed applicants

ACTION TAKEN: Mr. Barba moved that the Board endorse this item to be further developed by the Enforcement Committee. Mr. DeLaGarza seconded the motion, and the Board approved the motion unanimously.
 
AGENDA ITEM 26a - Discussion and possible action on recommendations from the Executive Committee regarding topics for November training workshop

No action was taken.
 
AGENDA ITEM 26b - Discussion and possible action on recommendations from the Executive Committee regarding a policy for 2-year staggered appointments as PIC Members and Mentors

ACTION TAKEN: Mr. Beard moved to adopt a policy to change appointments for PIC Members to 2 years starting in 2016. Mr. McAnally seconded the motion, and the Board approved the motion unanimously.
 
AGENDA ITEM 27 - Status update regarding investigation into allegations of staff misconduct
 
AGENDA ITEM 28 - Discussion and possible action regarding consideration and adoption of a policy interpretation on licensure requirements
Comments were made by Greg Stephens, representing Metro West Appraisal, to provide clarification on industry review guidelines at the request of the Board

ACTION TAKEN: Mr. McAnally moved to adopt the new draft policy interpretation with changes as presented. Mr. Beard seconded the motion, and the Board approved the motion unanimously.

Mr. McAnally moved to amend the 2006 advisory opinion as presented. Mr. Black seconded the motion, and the Board approved the motion unanimously.
 
AGENDA ITEM 29 - Request for potential future meeting agenda items

At the request of the public, Ms. Wickliffe asked that the policy regarding receipt of ACE credit for USPAP only when taken during the appraiser's renewal cycle be reviewed by the Education Committee for future consideration by the Board.
 
AGENDA ITEM 30 - Discussion and possible action to schedule future meeting dates

Future meeting dates were confirmed for November 20, 2014 (Board training), November 21, 2014, and February 20, 2015.
 
AGENDA ITEM 31 - The Chair adjourned the meeting at 3:04 pm.