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Meeting Details

11/20/2015 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 absence(s), 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 Wickliffe, Mr. Mark McAnally, Mr. Walker Beard, Mr. Clayton Black, Mr. Brian Padden, and Mr. Jim Jeffries.

ACTION TAKEN: Mr. Black moved to excuse the absences of Ms. Laurie Fontana, Mr. Patrick Carlson, and Mr. Jesse Barba. Mr. Beard seconded the motion, and the Board approved the motion unanimously.

Agenda Item 3 - Comments from members of the public regarding non-agenda items

No public comments were offered.

Mr. McAnally announced that this meeting would be his last meeting after 12 years of service on the Board.

Agenda Item 4 - Executive session to discuss pending litigation or 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 10:42 am.

Agenda Item 5 - Ratification of the official record of the August 14, 2015 Board meeting as approved for posting on the website by the Secretary of the Board

ACTION TAKEN: Mr. McAnally moved to ratify the minutes as approved for publication by the Board Secretary with no corrections. Mr. Beard seconded the motion, and the Board approved the motion unanimously.

Agenda Item 6 - Approval of agreed final orders and surrenders in the matter of:

  1. Complaint #14-286 (Lateef A. Akanji, TX-1335567-R)
  2. Complaint #13-324, 14-076 & 14-207 (Juvenal Herrera, TX-1333094-R)
  3. Complaint #15-063, 15-228, 15-267, 15-297, 15-324, 15-328 & 15-345 (James P. Edwards, Jr., Unlicensed)
  4. Complaint #15-133 (Barry Keith Duncan, TX-1322178-R)
  5. Complaint #14-217 & 14-310 (Bruce E. Martin, TX-1321092-G)
  6. Complaint #15-059 & 15-260 (Todd Eugene Davis, TX-1360206-R)
  7. Complaint #15-124 & 15-173 (Rodger Thornton Williams, TX-1334530-R)
  8. Complaint #15-065 & 15-157 (Joe Jeffrey Roberts, TX-1320506-G)
  9. Complaint #14-149 & 15-222 (Larry S. Jones, TX-1322720-G)
  10. Complaint #14-228 (Linda D. Webb, TX-1324809-G)
  11. Complaint #15-111 (Peggy Diamond, TX-1326071-R)
  12. Complaint #15-028 (Kenneth L. Becker, TX-1338662-R)

ACTION TAKEN: Mr. Black moved to approve items 6a - 6k. Mr. Padden seconded the motion, and the Board approved the motion unanimously. No action was taken on item 6l because it had not yet been received by staff. 

Agenda Item 7a - Discussion and possible action to approve request for modification of agreed order in the matter of Complaint #11-164 and Docketed Denial (John Hiram Goddard, TX-1338543-L)

Comments were made by Mr. John Goddard, Respondent

ACTION TAKEN: Mr. Beard moved to approve the request for modification as recommended by staff. Mr. Jeffries seconded the motion, and the Board approved the motion unanimously.

Agenda Item 7b - Discussion and possible action to approve request for modification of agreed order in the matter of Complaint #14-023 (Billy James Williams, TX-1326207-G)

ACTION TAKEN: Mr. Jeffries moved to approve the request for modification as recommended by staff. Mr. Beard seconded the motion. After discussion, Mr. Jeffries amended his motion to further extend the compliance deadline. Mr. Beard seconded the amended motion, and the Board approved the amended 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 #329-15-4424.ALC (William Edward Mercer, Unlicensed)

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 - Report by AMC Advisory Committee

Agenda Item 10 - Report by Education Committee

Agenda Item 11 - Report by Enforcement Committee

Agenda Item 12 - Staff reports on processes, monthly activities, and statistical data

Mr. Barba arrived during the staff reports at 11:13 am.

Agenda Items 13 & 14 - Renewal of effectiveness for rules previously adopted on an emergency basis

Discussion and possible action to renew emergency amendments to 22 TAC, Chapter 153, Rules Relating to Provisions of the Texas Appraiser Licensing and Certification Act:

  1. §153.9, Applications
  2. §153.17, Renewal or Extension of License

Discussion and possible action to renew emergency amendments to 22 TAC §157.18, Motions for Rehearing; Finality of Decisions

ACTION TAKEN: Agenda items 13 and 14 were taken together as one item. Mr. Beard moved to renew the emergency amendments as presented. Mr. McAnally seconded the motion, and the Board approved the motion unanimously.

Agenda Item 15 - Discussion and possible action to adopt amendments to 22 TAC, Chapter 153, Rules Relating to Provisions of the Texas Appraiser Licensing and Certification Act:

  1. §153.1, Definitions
  2. §153.5, Fees
  3. §153.9, Applications
  4. §153.16, License Reinstatement
  5. §153.17, Renewal or Extension of License
  6. §153.20, Guidelines for Revocation, Suspension, Denial of License; Probationary License
  7. §153.21, Appraiser Trainees and Sponsors

ACTION TAKEN: Mr. Black moved for the adoption of the rules as presented with an effective date of January 1, 2016. Mr. Jeffries seconded the motion, and the Board approved the motion unanimously.

Agenda Item 16 - Discussion and possible action to adopt amendments to 22 TAC, Chapter 157, Rules Relating to Practice and Procedure:

  1. Subchapter A. General Provisions
    1. §157.7, Denial of a License
    2. §157.8, Adverse Action Against a License Holder or Registrant
  2. Subchapter B. Contested Case Hearings
    1. §157.9, Notice of Hearing
    2. §157.12, Failure to Attend Hearing; Default Judgment
  3. Subchapter C. Post Hearing
    1. §157.17, Final Decisions and Orders
    2. §157.18, Motions for Rehearing; Finality of Decisions
    3. §157.20, Judicial Review
  4. Subchapter D. Penalties and Other Enforcement Provisions
    1. §157.25, Temporary Suspension
    2. §157.26, Unlicensed Activity
  5. Subchapter E. Alternative Dispute Resolution
    1. §157.31, Investigative Conference

ACTION TAKEN: Mr. Jeffries moved for the adoption of the rules as published with an effective date of January 1, 2016. Mr. Padden seconded the motion, and the Board approved the motion unanimously.

Agenda Item 17 - Discussion and possible action to adopt repeal of 22 TAC §157.19, Prerequisite to Judicial Review

ACTION TAKEN: Mr. Beard moved to adopt the repeal as published with an effective date of January 1, 2016. Mr. McAnally seconded the motion, and the Board approved the motion unanimously.

Agenda Item 18 - Discussion and possible action to propose new 22 TAC §153.22, Voluntary Appraiser Trainee Experience Review

ACTION TAKEN: Mr. McAnally moved that the new rule be proposed for publication in the Texas Register for public comment as recommended by the Education Committee. Mr. Beard seconded the motion, and the Board approved the motion unanimously.

Agenda Item 19a - Discussion and possible action to propose amendments to 22 TAC §153.18, Appraiser Continuing Education (ACE)

ACTION TAKEN: Mr. Beard moved that the amendments be proposed for publication in the Texas Register for public comment as recommended by the Education Committee. Mr. Black seconded the motion, and the Board approved the motion unanimously.

Agenda Item 19b - Discussion and possible action to propose amendments to 22 TAC §153.27, License by Reciprocity

ACTION TAKEN: Mr. Jeffries moved that the amendments be proposed for publication in the Texas Register for public comment as presented. Mr. Padden seconded the motion, and the Board approved the motion unanimously.

Agenda Item 20 - Discussion and possible action to propose amendments to 22 TAC §159.155, Periodic Review of Appraisals

ACTION TAKEN: Mr. McAnally moved that the amendments be proposed for publication in the Texas Register for public comment as recommended by the AMC Advisory Committee. Mr. Beard seconded the motion. A roll call vote was conducted, and the motion was passed by a vote of 6 to 1 with Mr. Barba voting Nay.

Agenda Item 21 - Discussion and possible action regarding floor nominations to create a slate of candidates for the offices of Vice Chair and Secretary of the Board

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

Agenda Item 22 - Discussion and possible action regarding continuing need for presence of OAG General Counsel at Board and Committee meetings

ACTION TAKEN: Mr. Barba moved to discontinue the practice of retaining OAG General Counsel at all Board and Committee meetings. Mr. Beard seconded the motion. After discussion, Mr. Barba amended his motion to refer the item to the Executive Committee for further consideration. Mr. Beard seconded the amended motion, and the Board approved the amended motion unanimously.

Agenda Item 23 - Discussion and possible action regarding appointments to the Working Group for AQB Background Checks

ACTION TAKEN: The Chair recommended Tony Pistilli, Randall Kopfer, Kris Kastner, William Trombly, Kathleen Muneio, and Jeff Dickstein as members of the working group with Mr. Barba serving as Chair. Mr. Black moved to accept the Chair's recommendations. Mr. McAnally seconded the motion, and the Board approved the motion unanimously.    

Agenda Item 24 - Discussion and possible action regarding approval of Reserve Fund Balance Policy

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

Agenda Item 25 - Discussion and possible action on recommendations from Enforcement Committee regarding approval of application forms for:

  1. License Reinstatement
  2. Voluntary Appraiser Trainee Experience Reviews

ACTION TAKEN: Mr. Jeffries moved to approve the forms as presented. Mr. Black seconded the motion, and the Board approved the motion unanimously.

Agenda Item 26a - Discussion and possible action on recommendations from Enforcement Committee regarding approval of Confidentiality Agreement

ACTION TAKEN: Mr. Beard moved to approve the form as presented with an effective date of January 1, 2016. Mr. Padden seconded the motion, and the Board approved the motion unanimously.

Agenda Item 26b - Discussion and possible action on recommendations from Enforcement Committee regarding recommendation for Board members to participate in investigative conferences.

No action was taken.

Agenda Item 27 - Request for potential future meeting agenda items

Ms. Wickliffe reminded the Board of several requests to be carried over from the last Board meeting regarding the MOU between TREC and the Board as it relates to building construction and reviewing the consistency of USPAP interpretations in Board orders.

Ms. Wickliffe relayed a request from Ms. Fontana that the AMC fees be reviewed.

Mr. McAnally requested a briefing on statutory changes that require the presiding officer of the Board to be designated by the Governor.      

Agenda Item 28 - Discussion and possible action to schedule future meeting dates

Future meeting dates were confirmed for February 19, 2016 and May 13, 2016. 

Agenda Item 29 - The Chair adjourned the meeting at 1:08 pm.