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Meeting Details

11/21/2014 at 09:00 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, Ms. Laurie Fontana, Mr. Mark McAnally, Mr. Walker Beard, Mr. Brian Padden, Mr. Clayton Black, Mr. Patrick Carlson, Mr. Jesse Barba and Mr. Jim Jeffries.

AGENDA ITEM 3 - Welcome new Board members and recognize outgoing Board members

The Chair officially welcomed new Board member Mr. Jim Jeffries.                                                                                       

The Chair also recognized outgoing member Mr. Luis DeLaGarza for his service on the Board.

AGENDA ITEM 4 - Comments from members of the public regarding non-agenda items

No comments were offered.

AGENDA ITEM 5 - Executive session to receive advice of counsel pursuant to Texas Government Code §§551.071 and 551.074

ACTION TAKEN: The Chair called the Board into executive session at 9:10 am.

Mr. Carlson left the meeting during executive session and did not return.                                                                             

The Chair reconvened the meeting at 10:51 am.

AGENDA ITEM 6 - Ratification of the official record of the August 15, 2014 Board meeting as approved for posting on the website by the Secretary of the Board

AGENDA ITEM 7 - Approval of agreed final orders and surrenders in the matter of:                                                                                                                     

a. Audit #14-238 (Andrew Patrick Schumacher, TX-1340151-T)
b. Complaint #14-084, 14-091 & 14-124 (George Nicholas Paraskevas, TX-1322633-R)
c. Complaint #14-120 & 14-255 (Jeff Dunaway McGregor, Jr., TX-1321270-R)
d. Complaint #14-113 (Carolyn Marie Moody, TX-1324186-G)
e. Complaint #13-261 (Sandra Thieu Ho, TX-1334106-R)
f. Complaint #13-208 (Michael Kevin Morris, TX-1322073-R)
g. Complaint #14-023 (Billy James Williams, TX-1326207-G)
h. Complaint #13-299 (Ben Autry Campbell, TX-1325877-G)
i. Complaint #14-051 (James M. Milner, TX-1320687-R)
j. Complaint #13-211 (Sinthalay Chanthanalay, TX-1360006-R)
k. Complaint #13-329 (Ted Norman Lear, TX-1321121-G)
l. Complaint #14-112 (Larry Milton Street, TX-1332076-R)
m. Complaint #14-103 (Jill Davis Hoffman, TX-1337093-R)
n. Complaint #14-108 (Robert Kyle Visser, TX-1333468-R)
o. Complaint #13-187 (Joe J. Roberts, TX-1320506-G)
p. Complaint #14-107 (Scott David Sherrill, TX-1320957-R)
q. Complaint #14-117 (Richard Wade Coffin, TX-1321570-R)

ACTION TAKEN: Items 6 and 7 were taken together as one item. Mr. McAnally moved to approve these matters. Mr. Black seconded the motion, and the Board approved the motion unanimously.

AGENDA ITEM 8 - Discussion and possible action to approve request for modification of agreed order in the matter of Complaint# 13-305 (Lateef A. Akanji, TX-1335567-R)

ACTION TAKEN: Mr. McAnally moved that the request for modification be approved as amended and recommended by staff. Mr. Barba seconded the motion, and the Board approved the motion unanimously.

AGENDA ITEM 9a - Discussion and possible action on proposal for decision from the State Office of Administrative Hearings in the matter of SOAH Docket #329-14-3376.ALC (Victor Vincent Vaughan)

ACTION TAKEN: Ms. Fontana moved to accept the Proposal for Decision. Mr. Padden seconded the motion, and the Board approved the motion unanimously.

AGENDA ITEM 9b - Discussion and possible action on proposal for decision from the State Office of Administrative Hearings in the matter of SOAH Docket #329-14-0562.ALC (Travis R. Cooper)

Comments were made by Mr. Troy Beaulieu, TALCB Standards & Enforcement Managing Attorney                        

Comments were made by Mr. Mark Mrnak, TALCB Standards & Enforcement Director                                             

Comments were made by Mr. Travis Cooper, Respondent

ACTION TAKEN: Mr. McAnally moved to reject the Proposal for Decision and approve a Final Order with presented sanctions. Mr. Beard seconded the motion, and the Board approved the motion unanimously.

AGENDA ITEM 10 - Report by AMC Advisory Committee

AGENDA ITEM 11 - Report by Education Committee

AGENDA ITEM 12 - Report by Enforcement Committee

AGENDA ITEM 13 - Report by Executive Committee

AGENDA ITEM 14 - Staff reports on processes, monthly activities, and statistical data

Mr. Douglas Oldmixon, Commissioner                                                                                                                                    

Ms. Lorie Deanda, Director of Reception & Communication Services                                                                                     

Ms. Gwen Jackson, Director of Education & Licensing Services                                                                                               

Mr. Tom Watson, Director of Information & Technology Services                                                                                          

Ms. Melissa Huerta, Director of Staff & Support Services                                                                                                         

Mr. Mark Mrnak, Director of Standards & Enforcement Services

AGENDA ITEM 15 - Report from the Commissioner regarding investigation of staff misconduct allegations

AGENDA ITEM 16a - Discussion and possible action to adopt amendments to 22 TAC §153.1, Definitions

ACTION TAKEN: Mr. Black moved for the adoption of the rule as published. Mr. Jeffries seconded the motion, and the Board approved the motion unanimously.

AGENDA ITEM 16b - Discussion and possible action to adopt amendments to 22 TAC §153.5, Fees

ACTION TAKEN: Mr. Barba moved for the adoption of the rule as published with an effective date of January 1, 2015. Mr. Padden seconded the motion, and the Board approved the motion unanimously.

AGENDA ITEM 17 - Discussion and possible action to adopt amendments to 22 TAC §157.31, Investigative Conference

ACTION TAKEN: Mr. Padden moved for the adoption of the rule as published. Mr. McAnally seconded the motion, and the Board approved the motion unanimously.

AGENDA ITEM 18 - Discussion and possible action to adopt amendments to 22 TAC Chapter 159, Rules Relating to the Provisions of the Texas Appraisal Management Company Registration and Regulation Act:                                                                                                                                                              

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

ACTION TAKEN: All items except 18n were taken together as one item. Mr. Black moved for the adoption of the rules as published. Mr. Beard seconded the motion, and the Board approved the motion unanimously.

ACTION TAKEN: Mr. Barba moved to adopt item 18n with the exception of discussed verbiage in §159.155(a)(2). The motion died for lack of a second.

Ms. Fontana moved for the adoption of the rule as published. The motion died for lack of a second.

Mr. McAnally moved to withdraw the proposal of the rule. Mr. Beard seconded the motion. After further discussion, Mr. McAnally amended his motion to adopt the rule with the exception of §159.155(a)(2). Mr. Beard seconded the amendment, and the motion was passed by a vote of 5 to 2 with Ms. Wickliffe and Ms. Fontana voting Nay. Mr. Black and Mr. Jeffries abstained.

AGENDA ITEM 19 - Discussion and possible action to adopt repeal of 22 TAC §153.16, Provisional License

ACTION TAKEN: Mr. Beard moved for the adoption of the repeal as published. Mr. Jeffries seconded the motion, and the Board approved the motion unanimously.

AGEND ITEM 20a - Discussion and possible action to propose amendments to 22 TAC §153.9, Applications

ACTION TAKEN: Ms. Fontana moved that the amendments be adopted as presented on an emergency basis and proposed for publication in the Texas Register for public comment as recommended by staff. Mr. Padden seconded the motion, and the Board approved the motion unanimously.

AGENDA ITEM 20b - Discussion and possible action to propose amendments to 22 TAC §153.21, Appraiser Trainees and Sponsors

ACTION TAKEN: Mr. Beard moved that the amendments be proposed for publication in the Texas Register for public comment as recommended by staff. Mr. Jeffries 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 159, Rules Relating to the Provisions of the Texas Appraisal Management Company Registration and Regulation Act

ACTION TAKEN: Mr. Barba moved that the rule review of 22 TAC Chapter 159 be closed. Mr. Beard seconded the motion, and the Board approved the motion unanimously.

AGENDA ITEM 22 - Discussion and possible action on recommendations from the Education Committee regarding implementing a program to allow Board approval of education courses, instructors and providers

ACTION TAKEN: Mr. Black moved that the Board endorse this item to be included among the various items it would like to see in a housekeeping bill to amend Chapter 1103 of the Texas Occupations Code. Mr. McAnally seconded the motion, and the Board approved the motion unanimously.

AGENDA ITEM 23 - Discussion and possible action on recommendations from the Enforcement Committee regarding proposed revisions to the Complaint Intake Form

ACTION TAKEN: Mr. Padden moved to approve the form revisions as presented. Mr. Jeffries seconded the motion, and the Board approved the motion unanimously.

AGENDA ITEM 24a - Discussion and possible action on recommendations from the Executive Committee regarding consolidation of all policies related to Board orders

ACTION TAKEN: Mr. McAnally moved to adopt the consolidated policy as presented. Ms. Fontana seconded the motion, and the Board approved the motion unanimously.

AGENDA ITEM 24b - Discussion and possible action on recommendations from the Executive Committee regarding revisions to the policy on Work Related to Property Tax Protests

ACTION TAKEN: Mr. Beard moved to adopt the revised policy as presented. Mr. Padden seconded the motion, and the Board approved the motion unanimously.

AGENDA ITEM 24c - Discussion and possible action on recommendations from the Executive Committee regarding recognition and appreciation for Board member service

ACTION TAKEN: Mr. Barba moved to adopt the practice as presented. Mr. Black seconded the motion, and the Board approved the motion unanimously.

AGENDA ITEM 24d - Discussion and possible action on recommendations from the Executive Committee regarding appointment of a Board member as the contact person for proposed legislative changes

ACTION TAKEN: Ms. Fontana moved to appoint the then current Chair as the contact person. Mr. Beard seconded the motion, and the Board approved the motion unanimously.

AGENDA ITEM 25 - Discussion and possible action regarding 2015 proposed legislative changes

No action was taken.

AGENDA ITEM 26 - Discussion and possible action regarding floor nominations to create a slate of officers

ACTION TAKEN: Ms. Wickliffe opened the floor for nominations. Mr. Beard nominated Ms. Wickliffe for Chair, Mr. McAnally nominated Ms. Fontana for Vice Chair, and Ms. Fontana nominated Mr. McAnally for Secretary.

AGENDA ITEM 27 - Discussion and possible action regarding proposal for conducting a survey of customary and reasonable fees

ACTION TAKEN: Mr. McAnally moved to authorize the Commissioner to enter into an agreement with Texas A&M University Real Estate Center and the University of Houston to conduct the survey beginning January 1, 2015. Ms. Fontana seconded the motion, and the Board approved the motion unanimously with the exception of Mr. Black who was unavailable for the vote.

AGENDA ITEM 28 - Request for potential future meeting agenda items

AGENDA ITEM 29 - Discussion and possible action to schedule future meeting dates

Future meeting dates were confirmed for February 20, 2015 and May 15, 2015.

AGENDA ITEM 30 - The Chair adjourned the meeting at 1:49 pm.