Tex.
Occ. Code Section 1151.204
Dismissal of Complaints
(a)
After investigation, the department may dismiss a complaint, in part or entirely, without conducting a hearing if the complaint does not credibly allege a violation of this chapter or the standards established by the commission for registrants under this chapter.(b)
After investigation, the department shall dismiss a complaint, in part or entirely, without conducting a hearing if:(1)
the complaint challenges:(A)
the imposition of or failure to waive penalties or interest under Sections 33.01 (Penalties and Interest) and 33.011 (Waiver of Penalties and Interest), Tax Code;(B)
the appraised value of a property;(C)
the appraisal methodology;(D)
the grant or denial of an exemption from taxation; or(E)
any matter for which Title 1, Tax Code, specifies a remedy, including an action that a property owner is entitled to protest before an appraisal review board under Section 41.41 (Right of Protest)(a), Tax Code; and(2)
the subject matter of the complaint has not been finally resolved in the complainant’s favor by an appraisal review board, a governing body, an arbitrator, a court, or the State Office of Administrative Hearings under Section 2003.901 (Appeals from Appraisal Review Board Determinations), Government Code.(c)
This section does not apply to:(1)
a matter referred to the department by the comptroller under Section 5.102 (Review of Appraisal Districts), Tax Code, or a successor statute;(2)
a complaint concerning a registrant’s failure to comply with the registration and certification requirements of this chapter; or(3)
a complaint concerning a newly appointed chief appraiser’s failure to complete the training program described by Section 1151.164 (Chief Appraiser Training Program).
Source:
Section 1151.204 — Dismissal of Complaints, https://statutes.capitol.texas.gov/Docs/OC/htm/OC.1151.htm#1151.204 (accessed May 18, 2024).
