What Are Contingent Dismissals?
You may have heard through the grapevine or read somewhere online about the TALCB SES staff offering to resolve a complaint case through a contingent dismissal or "CD". Hopefully, this article will give you a better understanding what that means.
What is a Contingent Dismissal?
Using a CD to resolve a complaint is specifically authorized by TALCB Rule 153.24, and allows TALCB to negotiate remedial measures in exchange for eventual dismissal of a complaint. It is a formal agreement, which has specific remedial measures (e.g., classes, mentoring, monitoring of work product) detailed in the agreement, and it has a set deadline for compliance. If the terms of the agreement are accomplished within the deadline, the complaint will be dismissed by the Commissioner.
How Will I Know if a CD is Being Offered to Resolve My Case?
After a complaint is investigated and reviewed by TALCB staff, a determination will be made as to an appropriate resolution. CD’s are usually offered by TALCB staff directly to a respondent through an email containing the terms and deadlines, including a deadline for accepting the CD offer before other avenues of disposition are considered. The respondent simply needs to reply in writing (usually also by email) that he/she accepts the terms and, if so, TALCB staff will send additional material to assist and document compliance. The complaint will be placed on hold pending completion of the CD or expiration of the deadline.
How Does a CD Compare to Other TALCB Enforcement Options?
If a complaint investigation is opened by TALCB, it must be resolved in some manner. There is some overlap in the following categories, but generally, the resolution options range in severity from:
- Dismissal (no or very minor deficiencies, or violations that have no impact on assignment results found)
- Dismissal with a warning letter (minor violations that have no impact on assignment results)
- Contingent Dismissal (several minor violations, or a more serious violation that has a minimal impact on assignment results)
- Agreed Final Order (several significant violations)
- Final Order after a hearing at the State Office of Administrative Hearings (serious cases or cases where an agreed resolution was not negotiated)
What Effect Does a CD Have on My “Record”?
A CD is not considered a formal discipline, will not be published on the Board’s website, and will not be reported to the National Registry maintained by the Federal Appraisal Subcommittee. However, a CD would have to be disclosed if TALCB receives a Public Information Act request concerning the matter. When computing the number of prior disciplines an appraiser has received for purposes of resolving any future complaints, the “penalty matrix” in TALCB Rule 153.24(k)(3) excludes a CD from that count. But note that this rule also requires TALCB staff to consider the fact that a previous CD was given when deciding what particular disposition to make in a future case. See Rule 153.24(k)(2)(A).