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Meeting Details

05/17/2013 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.

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

- THESE MINUTES ARE THE OFFICIAL RECORD OF THIS MEETING AS A MAJORITY OF THE BOARD RATIFIED THEM ON AUGUST 16, 2013.
 
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. Luis F. De La Garza, Mr. Mark McAnally, Mr. Keith Kidd, Ms. Shannon K. McClendon, and Mr. Clayton Black.

ACTION TAKEN: Ms. McClendon moved to excuse the absence of Ms. Sheryl Swift. Ms. Wickliffe seconded the motion, and the Board unanimously approved the motion.
 
AGENDA ITEM 3 - Discussion and possible action regarding appointment of Ms. Diana Jacob as a Mentor

ACTION TAKEN: Mr. De La Garza moved to appoint Ms. Jacob as recommended by staff. Ms. Wickliffe seconded the motion, and the Board unanimously approved the motion.
 
AGENDA ITEM 4 - Ratification of the Secretary of the Board’s approval of the [publication of the] official record of the February 15, 2013, Board meeting.

ACTION TAKEN: Ms. McClendon moved to ratify the minutes as approved for publication by the Board Secretary with non substantive modifications as she outlined. Ms. Wickliffe seconded the motion, and the Board approved the motion unanimously, with the exception of Mr. McAnally who abstained from the vote.
 
AGENDA ITEM 5 - Comments from members of the public regarding non-agenda items

No comments were offered.
 
AGENDA ITEM 6 - 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 10:18 am.
Chair reconvened the meeting at 11:20 am.
 
AGENDA ITEM 7 - Discussion and possible action to approve agreed final orders and surrenders in the matter of:
a. Complaint #09-083 (Jeffrey Lee Hoelsher, TX-1335416-R)
b. Complaint #10-349 (Jose Luis Aguilar, TX-1334753-L)
c. Complaint #12-292 (John E. Maher, TX-1338562-R)
d. Complaint #13-068 (Robert Kennedy Arnold, TX-1324236-R)
e. Complaint #13-077 (Kerry Dane Osborne, TX-1334585-L)
f. Complaint #10-309 (Diana Frances Bratton, TX-1324411-R)
g. Complaint #11-410 (Richard Allen Merrill, TX-1325278-R)
h. Complaint #12-102 (Michael Joseph Kalil, TX-1323436-R)
i. Complaint #s11-276 & 11-247 (Carolyn Marie Moody, TX-1324186-G)
j. Complaint #s12-231 & 13-090 (Pamela F. Newkirk, TX-1333126-R)
k. Complaint #s12-169 & 09-119 (Brad K. Harris, TX-1323199-G)
l. Complaint #s12-222, 12-303 & 12-311 (Nicholas Angelo Pavle, TX-1336375-R)
m. Complaint #11-336 (Timothy Keith Lugeanbeal, TX-1332250-R)
n. Complaint #13-118 (Joshua Shae Hatfield, TX-1338755-R)
o. Complaint #s13-120 & 13-169 (Freda Gail Maynard, TX-1334602-R)
p. Complaint #10-288 (Gregory Ozaeta, TX-1333912-R)
q. Complaint #11-419 (Richard Thomas Jones, TX-1331973-R)
r. Complaint #12-183 (Barry William Johnson, TX-1332156-R)
s. Complaint #13-022 (Blake Taylor Stratton, TX-1337605-R)
t. Complaint #13-047 (Richard Leo Dockery, TX-1322548-G)
u. Complaint #13-092 (Eric Lane Clanton, TX-1337041-R)
v. Complaint #13-073 (David Louis Smedley, TX-2878)
w. (Ndubuisi Alfred Ukandu, TX-1335302-L)

Staff asked for a withdrawal of Item 7t because it had not yet been received by staff.
Comments were made by Mr. Bobby Crisp, representing himself
Comments were made by Mr. Ted Whitmer, representing himself

ACTION TAKEN: Items 7a, 7d, 7f, and 7n were taken together as one item. Mr. De la Garza moved to extend the deadline for required mentorship hours to 90 days for the identified agreed orders. Ms. Wickliffe duly seconded the motion with an amendment that the motion specifically identifies the agreed final orders that are being amended. Mr. De La Garza accepted the friendly amendment amended to his motion to accept staff’s recommendation for 7a, 7d, 7f, and 7n with an extension of the deadline for required mentorship hours to 90 days upon agreement of the respondent, and the Board unanimously approved the motion.

Ms. Wickliffe then moved to accept staff’s recommendation on the balance of the enforcement matters under item 7. Ms. McClendon duly seconded the motion, and the Board unanimously approved the motion.
 
AGENDA ITEM 8 - Discussion and possible action to approve modifications of Board orders in the matter of:
a. Complaint #s05-089 & 07-030 (Joshua Stone Baugher, TX-1331720-L)
b. Complaint #09-168 (Steven Dale Brooks, TX-1321893-R)
Agenda Item 8(a) - Complaint #s05-089 & 07-030 (Joshua Stone Baugher, TX-1331720-L)
Comments were made by Mr. Joshua Baugher, Respondent

ACTION TAKEN: Ms. McClendon moved that no action be taken. Mr. McAnally seconded the motion, and the Board unanimously approved the motion.
Agenda Item 8(b) - Complaint #09-168 (Steven Dale Brooks, TX-1321893-R)
Comments were made by Mr. Whitmer, counsel for the respondent
Comments were made by Mr. Steven Brooks, Respondent

ACTION TAKEN: Ms. McClendon moved that no action be taken. Ms. Fontana seconded the motion, and the Board unanimously approved the motion.
 
AGENDA ITEM 9 - Discussion and possible action on the Proposal for Decision from the State Office of Administrative Hearings (SOAH) Administrative Law Judge in the matter of SOAH Docket #329-12-7842.ALC (Tom M. Curran, TX-1321290-R)

Troy Beaulieu, TALCB Standards & Enforcement Managing Attorney, presented the item and recommended approval of SOAH’s proposal for decision with a modification of the timeframe allowed to complete the required mentorship hours.
Comments were made by Mr. Whitmer, counsel for Respondent
Comments were made by Mr. Crisp, who called by the Board to answer a question

ACTION TAKEN: Mr. De La Garza moved to accept the Proposal for Decision with modifications that the suspension be probated for one year and the 28-hours of mentorship be completed according to staff’s recommendation. Ms. Wickliffe seconded the motion. Ms. McClendon requested an amendment that the $5000 penalty become due 21 days after the Respondent is notified of the Final Order. Mr. De La Garza and Ms. Wickliffe accepted Ms. McClendon's amendment. The motion was restated as amended that the Respondent pay an administrative penalty of $5000 due on or before 21 days from the date the respondent is notified of the Order, that Respondent’s license is on a probated suspension for one year, and that the Respondent is ordered to complete 28 hours of mentorship on or before the end of the one year probated suspension period. The Board unanimously approved the motion.
The Chair called for a lunch break at 12:28pm.
The Chair reconvened the meeting at 1:16pm.
The Chair officially recognized and welcomed new Board member Mr. Clayton Black.
 
AGENDA ITEM 10 - Report by Executive Committee
 
AGENDA ITEM 11 - Report by Budget/Finance Committee
 
AGENDA ITEM 12 - Report by Enforcement Committee
 
AGENDA ITEM 13 - Report by AMC Advisory Committee
 
AGENDA ITEM 14 - Staff reports on processes, monthly activities, and statistical data
 
AGENDA ITEM 15 - Discussion and possible action to adopt amendments to 22 TAC §153.24 concerning Complaint Processing
Comments were made by Mr. Crisp, representing himself
Comments were made by Mr. Whitmer, representing himself
Comments were made by Mr. Joe Woller, Foundation Appraisers Coalition of Texas

ACTION TAKEN: Ms. Kerri Lewis, General Counsel, presented staff’s recommendation that the rule be adopted as published with the addition of the phrases “there is no jurisdiction” and “the complaint warrants dismissal, including contingent dismissal, under subsection (j)” to subsection (g) in order to clarify the complete list of when a complaint can be dismissed without further processing.

Ms. McClendon moved that the rule be adopted per staff’s recommendation with the addition of the word "investigative" to subsection (e) to clarify that preliminary review conducted by staff is an investigative review. Mr. De La Garza seconded the motion, and the Board unanimously approved the motion.
 
AGENDA ITEM 16 - Discussion and possible action to adopt amendments to 22 TAC §153.21 concerning Appraiser Trainees and Sponsors

ACTION TAKEN: Ms. McClendon moved for the adoption of the rule as presented. Mr. De La Garza seconded the motion, and the Board unanimously approved the motion.
 
AGENDA ITEM 17 - Discussion and possible action to propose amendments to 22 TAC §153.20 concerning Guidelines for Revocation, Suspension, Denial of Licensure or Certification; Probationary Licensure

ACTION TAKEN: Mr. McAnally moved that the amendments be proposed for publication as presented. Ms. Wickliffe seconded the motion, and the Board unanimously approved the motion.
 
AGENDA ITEM 18 - Discussion and possible action to propose new 22 TAC Chapter 157, Subchapter E, Alternative Dispute Resolution as follows:
a. §157.30, Alternative Dispute Resolution
b. §157.31, Informal Conference
c. §157.32, Negotiated Settlement
d. §157.33, Mediation
e. §157.36, Stipulations
f. §157.37, Agreements
g. §157.38, Confidentiality

ACTION TAKEN: Ms. Wickliffe moved that the new Subchapter E be proposed for publication as presented. Ms. Fontana seconded the motion, and the Board unanimously approved the motion.
 
AGENDA ITEM 19 - Discussion and possible action to propose amendments to 22 TAC §159.159 concerning Disclosure of Registration Number

ACTION TAKEN: Mr. De La Garza moved that the amendments be proposed for publication as presented. Ms. McClendon seconded the motion, and the Board unanimously approved the motion.
 
AGENDA ITEM 20 - Discussion and possible action to propose amendments to 22 TAC §159.109 concerning Inactive Status

ACTION TAKEN: Ms. McClendon moved that the amendments be proposed for publication as presented. Ms. Wickliffe seconded the motion, and the Board unanimously approved the motion.
 
AGENDA ITEM 21 - Discussion and possible action to propose amendments to 22 TAC §159.155 concerning Periodic Review of Appraisals

ACTION TAKEN: Ms. McClendon moved that the amendments be proposed for publication as presented. Mr. Kidd seconded the motion, and the Board unanimously approved the motion.
 
AGENDA ITEM 22 - Discussion and possible action on recommendations from the Executive Committee
a. regarding approval of a policy on Board meeting decorum
b. regarding responsibilities of the TALCB liaison to the Texas Real Estate Commission
c. regarding use of the Commission’s evaluation form for input on Commissioner’s job performance
d. regarding a system or procedure to track staff implementation of Board directives
Agenda Item 22(a)

No action was taken.
Agenda Item 22(b)

ACTION TAKEN: Mr. De La Garza moved that the Chair negotiate the Memo of Understanding with the Commission to be brought to the Board for full discussion. Ms. McClendon seconded the motion, and the Board unanimously approved the motion.
Agenda Item 22(c)

ACTION TAKEN: Mr. De La Garza moved that the Board approve using the Commission’s evaluation process for the current year with Board members sending the evaluation forms to General Counsel for compilation into a summary grid. Ms. McClendon seconded the motion, and the Board unanimously approved the motion.
Agenda Item 22(d)

This item was tabled until the next meeting.
The Chair called for a 5 minute break at 4:15pm.
 
AGENDA ITEM 23 - Discussion and possible action on recommendations from the Budget/Finance Committee regarding the FY 2014 TALCB draft budget
No action was taken
 
AGENDA ITEM 24 - Discussion and possible action to issue policy guidelines regarding AMC’s required periodic review of appraisals

ACTION TAKEN: Mr. De La Garza moved that the policy be adopted as presented. Mr. Kidd seconded the motion, and the Board unanimously approved the motion.
 
AGENDA ITEM 25 - Discussion and possible action on recommendations from the Enforcement Committee:
a. regarding guidelines for compliance matters for the Board Final Orders
b. regarding approval of revised Complaint Intake Form
Agenda Item 25(a)

ACTION TAKEN: Mr. De La Garza moved that the policy be adopted as presented with an amendment that the administrative penalty be lowered to $500. Mr. Black seconded the motion, and the motion failed by a vote of 3 to 4, with Mr. Beard, Ms. Fontana, Mr. McAnally, and Mr. Kidd voting Nay. Mr. McAnally moved that the policy be adopted as presented. Ms. Fontana seconded the motion, and the motion was approved by a vote of 5 to 2, with Ms. McClendon and Mr. De La Garza voting Nay.
Agenda Item 25(b)

ACTION TAKEN: Mr. De La Garza moved that the revisions be approved as presented with an amendment that the form specifies that a preliminary “investigative” review will be conducted upon receipt. Mr. Kidd seconded the motion, and the Board unanimously approved the motion.
 
AGENDA ITEM 26 - Discussion regarding jurisdictional exception under 22 TAC §155.1
 
AGENDA ITEM 27 - Discussion and possible action to approve the following revised forms:
a. Renewal of Appraiser Trainee Approval
b. Renewal of Appraiser License
c. Renewal of Appraiser Certification
d. Application for Approval as an Appraiser Trainee
e. Addition or Termination of Appraiser Trainee Sponsorship
Agenda Item 27(a-c)

ACTION TAKEN: Ms. McClendon moved that the forms be approved as presented using the current TALCB letterhead and with a 30-day grace period during which the paper filing fee would not be required after implementation. Ms. Fontana seconded the motion, and the Board unanimously approved the motion.
Agenda Item 27(d-e)

ACTION TAKEN: Ms. Fontana moved that the forms be approved as presented using the current TALCB letterhead. Ms. McClendon seconded the motion, and the Board unanimously approved the motion.
 
AGENDA ITEM 28 - Discussion and possible action to approve a new paper form for an AMC to add or terminate an appraiser on the AMC’s panel

ACTION TAKEN: Mr. McAnally moved that the form be approved as presented using the current TALCB letterhead. Mr. Kidd seconded the motion, and the Board unanimously approved the motion.
 
AGENDA ITEM 29 - Discussion regarding legislative matters
 
AGENDA ITEM 30 - Request for new agenda items
 
AGENDA ITEM 31 - Discussion and possible action to schedule future meeting dates

Future meeting dates were set for August 16, 2013, November 15, 2013, and February 21, 2014.
 
AGENDA ITEM 32 - The Chair adjourned the meeting at 5:31pm