SECTION 153.28. Peer Investigative Committee Review

(a) The Board Chair, with the advice and consent of the Executive Committee, may appoint a Peer Investigative Committee pool at least every two years.

(b) A panel of the Peer Investigative Committee shall consist of:

(1) an Appraiser Board Member;

(2) a Board Member who is a licensed or certified appraiser; and

(3) a TALCB Investigator.

(c) The Board members serving on the Peer Investigative Committee shall serve on the committee on a rotating basis.

(d) During complaint intake, the TALCB Director or his or her designee shall assign a TALCB Investigator to investigate the complaint.

(e) Complaints in which adverse action or contingent dismissals is recommended by an investigator are subject to review by the Peer Investigative Committee. Complaints that result in dismissals, defaults, or warning letters are not subject to review by the Peer Investigative Committee.

(f) No more than 7 days following the investigator's completion of an investigative report, the investigator shall provide his or her findings, including the investigative report and the complaint file, to the Board members of the Peer Investigative Committee. The investigative report must include:

(1) a statement of facts;

(2) the investigator's recommendations; and

(3) the position or defense of the respondent.

(g) Board members of the Peer Investigative Committee, Investigators, and staff may elect to confer in person, via e-mail, or video conference prior to the Board members' determination.

(h) The Board delegates its authority to receive the written findings or determination of the Peer Investigative Committee to the Executive Director.

(i) No more than five business days after the review of the investigator's findings, the Board members of Committee shall render a determination agreeing or disagreeing with the investigator's finding of alleged violations and submit a copy of their determination to the Executive Director or his or her designee on behalf of the Board. The determination shall serve as a recommendation to the TALCB Division as to whether to pursue adverse action against a respondent. A copy of the Board members' determination shall be included in the complaint file. The Board Chair may request statistical data related to the investigator's recommendations, Board members' determination, and adverse action pursued by the Division.

(j) Board members who participate in the Peer Investigative Committee Review of a complaint are disqualified from participating in any future adjudication of the same complaint.

Source Note: The provisions of this §153.28 adopted to be effective March 18, 2021, 46 TexReg 1640; amended to be effective September 8, 2022, 47 TexReg 5336; amended to be effective December 3, 2023, 48 TexReg 6903