(a) Receipt of a Complaint Intake Form by the Board does not constitute the filing of a formal complaint by the Board against the AMC named on the Complaint Intake Form. Upon receipt of a signed Complaint Intake Form, staff will:(1) assign the complaint a case number in the complaint tracking system; and(2) send written acknowledgement of receipt to the complainant.(b) Priority of complaint investigations. The Board prioritizes and investigates complaints based on the risk of harm each complaint poses to the public. Complaints that pose a high risk of public harm include violations of the AMC Act or Board rules that:(1) evidence serious deficiencies, including:(A) Fraud;(B) Identity theft;(C) Unlicensed activity;(D) Ethical violations;(E) Violations of appraiser independence; or(F) Other conduct determined by the Board that poses a significant risk of public harm; and(2) were done:(A) with knowledge;(B) deliberately;(C) willfully; or(D) with gross negligence.(c) If the staff determines at any time that the complaint is not within the Board's jurisdiction, or that no violation exists, the complaint will be dismissed with no further processing. The Board or the Executive Director may delegate to staff the duty to dismiss complaints.(d) A complaint alleging mortgage fraud or in which mortgage fraud is suspected:(1) may be investigated covertly; and(2) will be referred to the appropriate prosecutorial authorities.(e) Staff may request additional information necessary to determine how to proceed with the complaint from any person.(f) If the TALCB Division requires additional information from a Respondent during the preliminary investigative review, a copy of the Complaint Intake Form and all supporting documentation will be included in the request unless the complaint qualifies for covert investigation and the TALCB Division deems covert investigation appropriate. (g) The Board will:(1) protect the complainant's identity to the extent possible by excluding the complainant's identifying information from a complaint notice sent to a respondent.(2) periodically send written notice to the complainant and each respondent of the status of the complaint until final disposition. For purposes of this subsection, "periodically" means at least once every 90 days.(h) The Respondent must submit a response within 20 days of receiving a copy of the Complaint Intake Form. The 20-day period may be extended for good cause upon request in writing or by e-mail. The response must include the following:(1) A copy of the appraisal report(s), if any, that is (are) the subject of the complaint;(2) A copy of the documents or other business records associated with the appraisal report(s), incident(s), or conduct listed in the complaint, with the following signed statement attached to the response: I SWEAR AND AFFIRM THAT EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THE COPY OF EACH AND EVERY BUSINESS RECORD ACCOMPANYING THIS RESPONSE IS A TRUE AND CORRECT COPY OF THE ACTUAL BUSINESS RECORD, AND NOTHING HAS BEEN ADDED TO OR REMOVED FROM THIS BUSINESS RECORD OR ALTERED. (SIGNATURE OF RESPONDENT);(3) A narrative response to the complaint, addressing each and every item in the complaint;(4) A list of any and all persons known to the Respondent to have actual knowledge of any of the matters made the subject of the complaint and, if in the Respondent's possession, contact information; (5) Any documentation that supports Respondent's position that was not in the original documentation, as long as it is conspicuously labeled as additional documentation and kept separate from the original documentation. The Respondent may also address other matters not raised in the complaint that the Respondent believes need explanation; and(6) a signed, dated and completed copy of any questionnaire sent by Board staff.(i) Staff will evaluate the complaint within three months of receipt of the response from Respondent to determine whether sufficient evidence of a potential violation of the AMC Act or Board rules exists to pursue investigation and possible formal disciplinary action. If staff determines there is no jurisdiction, no violation exists, or there is insufficient evidence to prove a violation, or the complaint warrants dismissal, including contingent dismissal, under subsection (m) of this section, the complaint will be dismissed with no further processing.(j) A formal complaint will be opened and investigated by a staff investigator or investigative committee if:(1) the informal complaint is not dismissed under subsection (i) of this section; or(2) staff opens a formal complaint on its own motion.(k) Written notice that a formal complaint has been opened will be sent to the Complainant and Respondent.(l) The staff investigator or investigative committee assigned to investigate a formal complaint will prepare a report detailing all findings.(m) The Board may order a person regulated by the Board to refund the amount paid by a consumer to the person for a service regulated by the Board.(n) Payment of an administrative penalty must be submitted in a manner acceptable to the to the Board. Payment authorized to be submitted online may be subject to fees set by the Department of Information Resources that are in addition to the administrative penalty assessed by the Board.(o) Agreed resolutions of complaint matters pursuant to Texas Occupations Code §1104.2081 must be signed by:(1) The Board Chair or if the Board Chair is unavailable or must recuse him or herself, the Board Chair's designee, whom shall be (in priority order) the Board Vice Chair, the Board Secretary, or another Board member;(2) Respondent;(3) A representative of the TALCB Division; and(4) The Executive Director or his or her designee.