Numerous parties that you work or interact with can accuse you of unprofessional conduct. Unfortunately, as a licensed appraiser, those accusations can permanently put your career on hold. If you find yourself facing accusations of improper conduct, you need to work with an attorney who understands your field of practice and the laws affecting it.
Bertolino LLP can help real estate appraisers like you fight back against accusations of misconduct. We can break down the different ways state and national regulations may impact your appraiser license defense, as well as the strategies we can use to work within those regulations.
You can get in touch with our Texas appraiser license defense attorneys today to learn more about the services we can offer you.
Reacting to Accusations of Professional Misconduct
If you find yourself facing accusations of inappropriate professional conduct, the Texas Appraiser Licensing & Certification Board (TALCB) will reach out to you with notice of a formal complaint. Generally, you have an obligation to respond to that complaint notice within twenty days. Failure to respond to that complaint can cause you to lose your license and your right to an appraiser practice.
Once you respond to the TALCB’s notice, the board may commence an investigation to determine whether or not it’s appropriate to move the case against you forward. If the board believes that the allegations have merit, you may receive notice of a formal complaint investigation. Fortunately, that notice gives you another chance to challenge the accusations.
If the board recommends that you face disciplinary action despite your response, you do not have to accept their offer. You can request a hearing with the State Office of Administrative Hearings (SOAH).
You can work with an appraiser license defense attorney to challenge the accusations brought against you in front of an Administrative Law Judge throughout this process.
Possible Consequences of Failing to Act
Should you find yourself coming up against a formal investigation, you may face a range of professional consequences for your alleged misconduct, including the following:
- Mandatory continued education
- Public reprimand
- Professional monitoring
- Required mentoring
- Additional reporting requirements
- Administrative penalties
- License suspension
- License revocation
The consequences you face for alleged misconduct will vary depending on the allegations brought against you as well as the parties that assess those allegations. Even so, you should always take accusations brought against your professional conduct seriously. If you don’t act, you put your right to a professional practice at risk.
Texas State Statutes Impacting Appraiser Licensing in Texas
There are several Texas statutes that can impact your efforts to defend your right to an appraiser’s license. For example, all appraisal management companies in Texas must abide by the Texas Appraisal Management Company Registration and Regulation Act. This act, in tandem with the Texas Appraiser Licensing and Certification Act, describes the following:
- What the process is for applying to become a real estate appraiser in Texas
- What steps an appraisal management company must take to become licensed with the TALCB
- What jurisdiction the TALCB has over licensed appraisers and appraisal management companies
The provisions in these statutes may impact your defense.
The Appraisal Foundation and Appraisal Subcommittee
You must also account for what impact The Appraisal Foundation and the federal Appraisal Subcommittee (ASC) may have on your defense. The Appraisal Standards and Appraiser Qualifications Boards of the Appraisal Foundation, as a federal non-profit institution, create the Uniform Standards of Professional Appraisal Practice (“USPAP”) and the Real Property Appraiser Qualification Criteria appraisers have to meet to receive their licenses and practice throughout the United States.
Clients can refer to The Appraisal Foundation’s USPAP to determine what a minimally competent appraiser must analyze and report throughout the valuation process.
These parties may also evaluate the minimum requirements an appraiser must meet to obtain a license throughout the United States. These requirements can include the following:
- Exam results
- Minimum education
- Professional experience
These parties can also amend the Uniform Standards of Professional Appraisal Practice (USPAP) over time, impacting what standards of professional appraisal conduct you must uphold.
You can find more rules and laws relevant to your appraiser license defense through the TALCB’s website.
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The Different State and National Requirements May Have Varying Impacts on Your Defense
State laws consistently differ, as do the circumstances that lead you to face accusations of professional misconduct. Our attorneys can sit down with you and assess the specific accusations being leveled against you. From there, we can turn to state and federal requirements to determine which directly impact your case.
We can subsequently tailor your defense to outline your compliance with the requirements of your practice, framing that defense around the statutes and requirements most relevant to the accusations involved in your case.
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Should you find your license suspended, don’t panic. There are still steps you can take to get your license back. You can work with appraiser license defense attorneys to fight back against a temporary suspension. We can move quickly to limit any damage to your professional reputation.
Let Appraiser License Defense Attorneys Protect Your Right to Practice
It’s easy to feel intimidated by the state and national requirements impacting your right to a comprehensive appraiser license defense. Fortunately, you have Bertolino LLP on your side. Our appraiser license defense attorneys can break down the laws and requirements impacting your case and help you work within them.
Our efforts can make it easier for you to defend your right to continued appraiser practice. Don’t wait to get in touch with our team. Contact us as soon as you can after receiving a notification from the TALCB. We’re ready to help you protect your livelihood.