How to File a Complaint
Anyone may file a complaint. Follow the steps below.
1. Note Whom a Complaint May be Filed Against
The Texas Appraiser Licensing & Certification Board accepts written, signed complaints against the following entities:
2. Obtain the Complaint Form
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Note: The Board does not accept complaints via e-mail, or anonymous complaints. If you do not want your identity revealed or do not sign your complaint form, we will be unable to process your complaint.
3. Complete and Send the Complaint Form
The complaint form must be filled out with at least the following information:
Please note these other documents that are required or requested, and follow the instructions on the complaint form regarding number of copies, etc...
- name of the appraiser or AMC against whom the complaint is being filed (respondent)
- name and address of the person filing the complaint (complainant) and
- information about the appraisal service performed (date, address and purpose of appraisal).
- Required - typed or printed page(s) describing the reason for the complaint
- Requested - documents related to the transaction, such as the appraisal, MLS sales data, engagement letters, settlement statement, appraisal reviews, etc....
Note: Do not send original documents
4. When TALCB Receives the Complaint Form (the Complaint Process)
- Upon receipt of a consumer complaint, a case number is assigned and a folder generated.
- An Investigator then reviews the complaint for completeness and confirms whether TALCB has jurisdiction over the matter. The Investigator notifies Complainant of receipt of the complaint, the appraisal, and other documentation submitted by the Complainant.
- A written response is requested from the Respondent (Appraiser) who will receive all the material sent in by the Complainant along with the complaint form.
- If Respondent does not send a written response and provide the requested documentation within 20 days, a second and final notice of the complaint is sent informing the Respondent that if the requested material is not forwarded within 7 days, disciplinary action will be initiated. This could range from imposition of an administrative penalty to revocation of a license.
- Once the Respondentís written response is received, the Investigator gathers information, interacts with the appropriate parties, and reviews the appraisal, the complaint and the Respondentís response to the allegations to determine whether violations of State law, Board Rules, or the Uniform Standards of Professional Appraisal Practice have occurred. Then the investigator completes a review appraisal and a summary which is submitted to the TALCB Enforcement Attorney for recommended action. This could include a request for a dismissal, warning letter, informal conference, or possible disciplinary action against the appraiser via an agreed final order.
- If a dismissal is recommended, a summary and a dismissal form is submitted to the Commissioner for his approval. Then a letter of notification is sent to the Complainant and Respondent.
- If further action on the case is recommended, then either a letter is sent to the Respondent requesting their presence at an informal conference or an Agreed Final Order is sent directly to the Respondent for their approval and signature. The conference invitation letter or the Agreed Final Order will cite potential USPAP and/or Law/Rules violated.
- After an informal conference has been conducted, the case could be dismissed. If that occurs, a letter of notification is sent to the Complainant and Respondent. Sometimes a dismissal will also be accompanied by a warning letter that will note minor violations observed by the Enforcement Division.
- If disciplinary action is recommended, an Agreed Final Order will be drafted that reflects the allegations and proposed disciplinary action. This would include things such as remedial education, payment of an administrative penalty, suspension and/or probation, and in serious cases, revocation of a license.
- If the Respondent agrees to the disciplinary action, which neither denies or admits USPAP noncompliance, and wishes to forgo a contested case hearing in front of a judge, Respondent signs and returns the Agreed Final Order which is then reviewed and approved/denied by the Board at the next quarterly Board meeting.
- Respondent is notified of the Boardís action and sent a signed copy of the Agreed Final Order.
- Complainant is notified by letter of final resolution of the case.
- In the event that a Respondent does not agree with the suggested disciplinary action, then the matter is forwarded to the Enforcement Attorney who will file formal disciplinary charges and schedule the matter for a hearing before an Administrative Law Judge. Both parties will present their case along with any witness testimony and evidence.
- The judge has 60 days to make a written ruling. The Respondent is notified immediately after a ruling has been made.
- The Respondent has 20 days to appeal any adverse decision to the full Board by submitting a motion for rehearing.
- The Complainant should know that the Board does not have the authority to require a licensee to pay another person. Recovery of a monetary loss is a civil action and should be discussed with legal counsel.
- Note: All complaints and accompanying information are public information once received by the Board. Public information must be given to anyone who asks for it.