The attorneys at Ray & Weinstein, P.C. represent clients in Texas Appraiser Licensing & Certification Board License Defense cases. Texas Residential Appraisers face a significant number of rules and regulations promulgated by the Texas Appraiser Licensing & Certification Board. Any alleged violation of these rules and regulations can result in an obstacle to a Residential Appraisers ability to practice in Texas. The firm practices Texas TALCB License Defense. From Texas TALCB application Denial Hearings to Complaints, the firm’s goal is to provide effective and efficient legal representation to the firm’s Texas TALCB License clients in these Locations of Practice. The firm represents licensees possessing the following Texas Appraiser Licensing & Certification Board professional licenses:

• Certified General Appraiser
• Certified Residential Appraiser
• Licensed Residential Appraiser
• Appraisal Management Company

Texas Appraiser Licensing & Certification Board License Defense Lawyers

Many individuals possess Residential Appraiser Licenses issued by Texas TALCB. Most Texas TALCB licensed Residential Appraisers have minimal or no contact with the disciplinary systems of the Texas Appraiser Licensing & Certification Board. For Texas licensed Residential Appraisers who become part of the Texas TALCB disciplinary process, the consequences are profound. The Texas Administrative Law disciplinary process is complex, procedural and time consuming.

Texas TALCB Investigation Defense Lawyers

The majority of Texas Appraiser Licensing & Certification Board License disciplinary investigations begin with the filing of a consumer Complaint. However, disciplinary investigations also can arise from other events, such as a criminal conviction or criminal investigation. Texas TALCB utilizes non sworn civilian investigators to conduct non criminal investigations against licensed Residential Appraisers. Texas TALCB works with Texas law enforcement agencies to investigate criminal and administrative law violations committed by Texas Residential Appraisers. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in criminal law.

It is important to have an attorney that understands the Texas Appraiser Licensing & Certification Board License disciplinary process. At the conclusion of a Texas TALCB investigation, Texas TALCB has several options. The Texas Appraiser Licensing & Certification Board can choose to close the Complaint. Texas TALCB can choose to issue an Administrative Penalty. The Texas Appraiser Licensing & Certification Board can also choose to refer the matter to its legal counsel for the filing of formal Administrative disciplinary charges, generally called a Complaint. Texas TALCB legal counsel will determine whether cause exists to file a Complaint. Texas TALCB may hold an Informal Conference with the licensee. In cases involving criminal conduct, the Texas Appraiser Licensing & Certification Board may refer the case to the District Attorney’s Office for criminal prosecution.

Texas TALCB Complaint Defense Attorneys

A Complaint served on a Texas Residential Appraiser serves as notice to a licensee that Texas TALCB intends to suspend or revoke the Texas Residential Appraiser License. The licensee, now called the Respondent, has only a specific number of days from the date that the Complaint was served (not received, but served) to file a Request for Hearing. The failure to file a Request for Hearing results in a Default against the Texas Residential Appraiser License. A Default will result in the immediate Revocation of the Texas Residential Appraiser License.

The filing of a Complaint is a serious matter that can result in the suspension or revocation of a Residential Appraiser License in Texas. In many cases, it is possible for licensees to reach a settlement with the Texas TALCB. An Agreed Final Order is a formal term for a settlement agreement. If an Agreed Final Order cannot be reached, the parties will proceed to a formal Hearing before the Texas State Office of Administrative Hearings (SOAH).

Texas Appraiser Licensing & Certification Board Hearing Attorneys

The Texas State Office of Administrative Hearings, also known as SOAH, hears Texas TALCB disciplinary matters. SOAH is headquartered in Austin, but may hold Hearings remotely or in other locations. Hearings may be held in Austin, Corpus Christi, Dallas, El Paso, Fort Worth, Houston, Lubbock or San Antonio. The Texas TALCB Administrative Law Hearing is a formal Hearing before an Administrative Law Judge.

The Administrative Law Judge, or ALJ, will issue a written Proposal for Decision approximately 60 days after the Hearing. The Texas Appraiser Licensing & Certification Board and the Respondent generally both have the ability to file responses to the Proposal for Decision, called Exceptions and Briefs. The Texas Appraiser Licensing & Certification Board action is called the Final Order. There are two main rights of Appeal of a Final Order. Texas Government Code § 2001.144 allows a licensee to file a Motion for Rehearing within 25 days after the Final Order is issued. If a Motion for Rehearing is denied, the Respondent can file a Request for Judicial Review in Travis County District Court in Austin. A Request for Judicial Review must be filed within 30 days of the denial of the Motion for Rehearing.

Texas Appraiser Licensing & Certification Board License and Criminal Convictions

Texas TALCB can discipline Residential Appraiser Licensees for criminal convictions. Administrative Law discipline for Texas Residential Appraisers primarily occurs for felony criminal convictions and criminal convictions related to the Residential Appraiser License. The Texas Appraiser Licensing & Certification Board and other law enforcement agencies also investigate criminal conduct by licensees in the course and scope of their license. Common criminal offenses that can cause Texas TALCB License discipline are:

Texas TALCB License Denial Defense Attorneys

The Texas Appraiser Licensing & Certification Board thoroughly investigates all applicants for Residential Appraiser Licenses. Texas TALCB may deny licensees from other states and countries. Most Texas Residential Appraiser License denials occur due to criminal convictions, financial problems or misstatements on the Residential Appraiser License application. Denial Hearings and Complaint Hearings before the State Office of Administrative Hearings involve a similar procedure. However, in a Residential Appraiser License Denial Hearing, the applicant bears the burden of proof.

Texas Appraiser Licensing & Certification Board Petition for Reinstatement Lawyers

A Petition for Reinstatement allows individuals who have received a Texas TALCB License Revocation to reinstate their Texas Residential Appraiser License. The Petition for Reinstatement may result in an investigation by Texas TALCB. Subsequent to an investigation, the Texas TALCB may issue the license, issue the license with a corresponding Agreed Final Order (settlement), or deny the license. Texas TALCB may schedule an Informal Conference prior to determining whether to grant or deny licensure. Rehabilitation from past misconduct is a primary factor in a Petition for Reinstatement.