TITLE examining-boards

Part VIII. Texas Appraiser Licensing and Certification Board

Chapter 153. Provisions of the Texas Appraiser Licensing and Certification Act

22 TAC §§153.1, 153.9, 153.10, 153.13, 153.15, 153.16, 153.17, 153.18, 153.20, 153.21, 153.25, 153.27

The Texas Appraiser Licensing and Certification Board proposes amendments to §§153.1, 153.9, 153.10, 153.13, 153.15, 153.16, 153.17, 153.18, 153.20, 153.21, 153.25 and 153.27, concerning provisions of the Texas Appraiser Licensing and Certification Act.

Section 153.1 is being amended to change the word "provision" to "rule" to comply with changes in USPAP-99.

Section 153.9 is being amended to correct a title reference.

Section 153.10 is being amended help to clarify when someone is certified, licensed, or authorized, and that they are not renewed until the TALCB acts.

Section 153.13 is being amended to help the Appraiser Licensing and Certification Board better conform to the AQB criteria for pre-licensing education. The section is also amended to clean up language. Other amendments include requiring answer key with exam, requiring completion certificate, placing "uniform" in the teaching of the Uniform Standards and requiring educational providers to notify the board of the AQB approval.

Section 153.15 is amended for clarification and to delete obsolete language.

Section 153.16 is amended to make identical requirements to the requirements for Appraiser Trainees, correct a subsection reference and make requirements for Provisional Licensees to keep a log (which will be submitted for each two-year renewal).

Section 153.17 is amended for conformity, to add a necessary reference and clarification. A new subsection (e) is added for clarification regarding appraisal logs for Provisional Licensees and Appraiser Trainees.

Section 153.18 is amended for clarification and to delete obsolete language. Subsection (b)(3) implements a later effective date for persons required to comply with continuing education hours for renewal of Appraiser Trainee Authorization. This requirement is not considered enforceable until January 1, 2000.

Elsewhere in this issue of the Texas Register , a "correction of error" notice has been published to rectify an erroneous effective date. An amendment to §153.18 was adopted and published in the August 13, 1999, issue of the Texas Register (24 TexReg 6293). The effective date was cited as January 1, 2000. This was an error on behalf of the Texas Appraiser Licensing and Certification Board. The correct date should have been August 15, 1999, which is the standard 20 days after submission to the Texas Register.

Section 153.20 is amended for clarification and deletion of obsolete language and to add new paragraphs (18) and (19) under subsection (a) which concerns credentials and failing to comply with the board.

Section 153.21 is amended to delete obsolete language.

Section 153.25 is amended to remove a dated reference.

Section 153.27 is amended to delete obsolete language and to correct a reference.

The Texas Appraiser Licensing and Certification Board previously published a proposed review of Chapter 153 in the June 11, 1999, issue of the Texas Register (24 TexReg 4481). The review is in accordance with the Appropriations Act of 1997, HB 1, Article IX, Section 167.

Renil C. Linér, Commissioner, Texas Appraiser Licensing and Certification Board, has determined that for the first five-year period the sections are in effect there will be no fiscal implications for state or local government.

Mr. Linér also has determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of enforcing the sections will be clarification of existing rules and the elimination of unnecessary and dated language. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the sections as proposed.

Comments on the proposal may be submitted Renil C. Linér, Commissioner, Texas Appraiser Licensing and Certification Board, P.O. Box 12188 Austin, Texas 78711-2188.

The amendments are proposed under the Powers and Duties of the Board, Texas Appraiser Licensing and Certification Act, §5, (a) (1), (2), (3), and (7) (Texas Civil Statutes, Article 6573a.2), and §14(c), Certificate and License Renewal.

Section 9, Licensing and Certification Requirements; §9A , Alternate Methods of Licensing; §14, Certificate and Licence Renewal, and §17, Appraiser Trainees are affected by the proposal.

§153.1.Definitions.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1)

Act - The Texas Appraiser Licensing and Certification Act.

(2)

Analysis - The act or process of providing information, recommendations or conclusions on diversified problems in real estate other than estimating value.

(3)

Applicant - A person seeking to be certified or licensed as an appraiser or approved as an appraiser trainee.

(4)

Appraisal - The act or process of estimating value or an estimate of value.

(5)

Appraisal Standards Board - The Appraisal Standards Board (ASB) of the Appraisal Foundation or its successor.

(6)

Appraisal Subcommittee - The Appraisal Subcommittee of the Federal Financial Institutions Examination Council or its successor.

(7)

Appraiser Qualifications Board - The Appraiser Qualifications Board (AQB) of the Appraisal Foundation or its successor.

(8)

Appraiser trainee - A person approved by the Texas Appraiser Licensing and Certification Board to perform appraisals or appraiser services under the direction of a sponsoring certified appraiser.

(9)

Board - The Texas Appraiser Licensing and Certification Board.

(10)

Classroom hour - Fifty minutes of actual classroom session time.

(11)

Client - Any party for whom an appraiser performs a service.

(12)

College - A junior or community college, senior college, university, or any other postsecondary educational institution established by the Texas Legislature, which is accredited by the Commission on Colleges of the Southern Association of Colleges and Schools or like commissions of other regional accrediting associations, or is a candidate for such accreditation.

(13)

Commissioner - The commissioner of the Texas Appraiser Licensing and Certification Board.

(14)

Complete appraisal - An appraisal performed without invoking the departure rule [ provision ].

(15)

Core real estate courses - Courses which are specified in the Real Estate Licensing Act, §7(a) (Texas Civil Statutes, Article 6573a) of which the Texas Appraiser Licensing and Certification Board (TALCB) will accept principles of real estate, real estate appraisal, real estate law, real estate finance, real estate math, property management, and real estate investments for partially meeting the educational requirements for appraiser certification or licensure.

(16)

Council - The Federal Financial Institutions Examination Council (FFIEC) or its successor.

(17)

Departure rule [ provision ] - A limited departure from a requirement of the Uniform Standards of Professional Appraisal Practice that is: classified as a specific guideline rather than a binding requirement, and permitted only if the result of the departure is not confusing or misleading and the specific guideline from which the appraiser departs is reported.

(18)

Distance education - Any educational process based on the geographical separation of learner and instructor (e.g., CD-ROM, online learning, correspondence courses, video conferencing, etc.), that provides interaction between the learner and instructor and includes testing.

(19)

Evaluation - An estimate of value that is not more than a limited appraisal, may be presented in a format that is less than a self-contained report, is prepared by a certified or licensed real estate appraiser or other lawfully authorized real estate professional, and includes an estimate of a property's market value, a certification and limiting conditions, and an analysis or the supporting information used in forming the estimate of value.

(20)

Feasibility analysis - A study of the cost-benefit relationship of an economic endeavor.

(21)

Federal financial institution regulatory agency - The Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, the Office of Thrift Supervision, the National Credit Union Administration, or the successors of any of those agencies.

(22)

Federally related transaction - Any real estate-related transaction engaged in, contracted for, or regulated by a federal financial institution regulatory agency or the Resolution Trust Corporation that requires the services of an appraiser.

(23)

Foundation - The Appraisal Foundation or its successor.

(24)

Fundamental real estate appraisal course - Basic real estate appraisal courses which include the following topics, but are not limited to, principles of real estate appraisal, real estate appraisal practice, real estate appraisal procedures, highest and best use, report writing, rural appraisal, appraisal review, residential appraisal/valuation, agricultural property appraisal, sales comparison approach, cost approach, income capitalization, discounted cash flow analysis. real estate appraisal case studies, commercial appraisal, non-residential real estate appraisal, and other courses specifically determined by the board.

(25)

Limited appraisal - An appraisal in which the departure rule [ provision ] is invoked.

(26)

Non-residential course - A course with emphasis on the appraisal of non-residential real estate properties which include, but are not limited to, income capitalization, income property, commercial appraisal, rural appraisal, agricultural property appraisal, discounted cash flow analysis, subdivision analysis and valuation, or other courses specifically determined by the board.

(27)

Nonresidential property - A property which does not conform to the definition of residential property.

(28)

Person - An individual.

(29)

Personal property - Identifiable portable and tangible objects which are considered by the general public as being "personal," for example, furnishings, artwork, antiques, gems and jewelry collectibles, machinery and equipment.

(30)

Provisional license - A license issued under the Texas Appraiser Licensing and Certification Act, §9A, and §153.16 of this title (relating to Provisional License), to individuals who have met the educational and examination requirements for licensing but who have not met the experience requirements.

(31)

Real estate - An identified parcel or tract of land, including improvements, if any.

(32)

Real estate-related financial transaction - Any transaction involving: the sale, lease, purchase, investment in, or exchange of real property, including an interest in property or the financing of property; the financing of real property or an interest in real property; or the use of real property or an interest in real property as security for a loan or investment including a mortgage-backed security.

(33)

Real property - The interests, benefits, and rights inherent in the ownership of real estate.

(34)

Report - Any communication, written or oral, of an appraisal, review, or analysis; the document that is transmitted to the client upon completion of an assignment.

(35)

Residential property - Property that consists of at least one but not more than four residential units.

(36)

Review - The act or process of critically studying a report prepared by another.

(37)

Self-contained report - A report that includes sufficient information to indicate that the appraiser has complied with the requirements of Standards 1 and 2 of the Uniform Standards of Professional Appraisal Practice and that describes all data necessary for the user of the appraisal to follow the conclusions of the appraisal without referring to additional materials.

(38)

State certified real estate appraiser - A person certified under the Texas Appraiser Licensing and Certification Act.

(39)

State licensed real estate appraiser - A person licensed under the Texas Appraiser Licensing and Certification Act.

§153.9.Applications.

(a)

A person desiring to be certified or licensed as an appraiser or approved as an appraiser trainee or registered as a temporary non-resident appraiser shall file an application using forms prescribed by the board. The commissioner shall review the application and make a recommendation for final action to the board. The board may decline to accept for filing an application which is materially incomplete or which is not accompanied by the appropriate fee. Except as provided by the Act, the board may not grant a certification, license or approval of trainee status to an applicant unless the applicant:

(1)

pays the fees requested by the board;

(2)

satisfies any experience and education requirements established by the Act or by these sections;

(3)

successfully completes any qualifying examination prescribed by the board; and

(4)

provides all supporting documentation or information requested by the board in connection with the application.

(b)

The Texas Appraiser Licensing and Certification Board adopts by reference the following forms approved by the board and published and available from the board, P.O. Box 12188, Austin, Texas 78711-2188:

(1)

TALCB Form 1.5, Application for Appraiser Certification or Licensing;

(2)

TALCB Form 2.2, Appraisal Experience Affidavit;

(3)

TALCB Form 3.2, Appraisal Experience Log;

(4)

TALCB Form 4.4, Application for Approval as an Appraiser Trainee;

(5)

TALCB Form 5.0, Request for Course Approval and Renewal;

(6)

TALCB Form 6.3, Temporary Non-Resident Appraiser Registration;

(7)

TALCB Form 8.3, Change of Office Address;

(8)

TALCB Form 9.1, Addition or Termination of Appraiser Trainee Sponsorship; and

(9)

TALCB Form 10.0, Supplement to Application for Appraiser Certification or Licensing by Reciprocity.

(c)

An application may be considered void and subject to no further evaluation or processing if an applicant fails to provide information or documentation within 60 days after the board makes written request for the information or documentation.

(d)

A certification, license, or appraiser trainee approval is valid for the term for which it is issued by the board unless suspended or revoked for cause and unless revoked, may be renewed in accordance with the requirements of §153.17 of this title (relating to Renewal of Certification, License or Trainee Approval [ Renewals and Continuing Education ]).

(e)

The board may deny certification, licensing, or approval as an appraiser trainee to an applicant who fails to satisfy the board as to the applicant's honesty, trustworthiness, and integrity.

(f)

An application shall be considered void and subject to no further evaluation or processing if the applicant fails to provide acceptable documentation that all requirements for licensure, certification, or approval as an appraiser trainee have been met within one year of the date the application was received by the board, or within one year of the date of the applicant's last examination, whichever occurs later.

§153.10.Date of Licensure.

(a)

Applicants are not certified , [ or ] licensed , or authorized, nor are their certifications, licenses or authorizations renewed, and may not hold themselves out as certified or licensed appraisers, or as appraiser trainees or as registered temporary non-resident appraisers, until the certificate, license, authorization or registration has been issued by the board.

(b)

A certification, license, authorization or registration is issued when all requirements have been met and it is entered into the board's database and a certificate , [ or ] license , or authorization number has been assigned.

§153.13.Educational Requirements.

(a)

General Real Estate Appraiser Certification.

(1)

Applicants for General Real Estate Appraiser Certification must have successfully completed 180 classroom hours in courses approved by the board which meet the requirements as set out in subsections (d)-(n) of this section.

(2)

Of these 180 classroom hours, at least 90 classroom hours must be in fundamental real estate appraisal courses specifically approved by the board, and at least 15 classroom hours must be in a class devoted to the Uniform Standards of Professional Appraisal Practice completed within two years prior to submission of the application. At least 30 classroom hours of the fundamental real estate appraisal course requirements must be in courses with emphasis on the appraisal of non-residential properties.

(b)

Residential Real Estate Appraiser Certification.

(1)

Applicants for Residential Real Estate Appraiser Certification must have successfully completed 120 classroom hours in courses approved by the board which meet the requirements as set out in subsections (d)-(n) of this section.

(2)

Of these 120 classroom hours, at least 60 classroom hours must be in fundamental real estate appraisal courses specifically approved by the board, and at least 15 classroom hours must be in a class devoted to the Uniform Standards of Professional Appraisal Practice completed within two years prior to submission of the application.

(c)

Real Estate Appraiser License or Provisional License.

(1)

Applicants for a Real Estate Appraiser License or Provisional License must have successfully completed 90 classroom hours in courses approved by the board which meet the requirements as set out in subsections (d)-(n) of this section.

(2)

Of these90 classroom hours, at least 40 classroom hours must be in fundamental real estate appraisal courses specifically approved by the board, and at least 15 classroom hours must be in a class devoted to the Uniform Standards of Professional Appraisal Practice completed within two years prior to submission of the application.

(d)

The board may accept a course of study to satisfy educational requirements for certification or licensing established by the Act or by this section if the board has approved the course and determined it to be a course related to real estate appraisal.

(e)

The board may approve courses submitted or to be submitted by applicants for appraiser certification upon a determination of the board that:

(1)

the subject matter of the course was appraisal related; provided that core real estate courses set forth in Texas Civil Statutes, Article 6573a, §7(a) (1) and (2) [ (1)-(4), (6), (8) and (9) ] shall be deemed appraisal-related;

(2)

the course was offered by an accredited college or university, a school accredited by a real estate or appraiser certification or licensing agency of this or another state, a professional trade association, or a service-related school such as the United States Armed Forces Institute; or the course was offered or approved by a federal agency or commission or by an agency of this state;

(3)

the applicant [ either ] obtained credit [ by challenge examination as permitted by the Act, §24(d), or ] received in a classroom presentation the hours of instruction for which credit was given and successfully completed a final examination for course credit except as specified in subsection (k) of this section (relating to distance education ; and

(4)

the course was at least 15 classroom hours in duration, which includes time devoted to examinations which are considered to be part of the course.

(f)

For the purposes of this section, a professional trade association is a nonprofit, cooperative, and voluntarily joined association of business or professional competitors that is designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting the common interest of its members.

(g)

The board may require an applicant to furnish materials such as course outlines, syllabi, course descriptions or official transcripts to verify course content or credit.

(h)

Course providers may obtain prior approval of a course by filing form TALCB 5.0, or its successor, and submitting the following items listed in paragraphs (1) - (3) of this subsection to the board:

(1)

a copy of any textbook, course outline, syllabus, or other written material used in the course;

(2)

a copy of the question and answers to the written final examination , with an answer key or the correct answers indicated ; and

(3)

such prior approval of courses will remain in effect for a period of two years after the date of approval.

(4)

sample course completion certificate or other evidence of successful completion of the course.

(i)

The board shall accept classroom hour units of instruction as shown on the transcript or other document evidencing course credit if the transcript reflects the actual hours of instruction the student received. Fifteen classroom hours of credit may be awarded for one semester hour of credit from an acceptable provider. Ten classroom hours of credit may be awarded for one quarter hour of credit from an acceptable provider. Ten classroom hours of credit may be awarded for each continuing education credit from an acceptable provider. The board may not accept courses repeated within three years of the original offering unless the subject matter has changed significantly.

(j)

Teachers of appraisal courses may receive credit for meeting the educational classroom hours requirement. Teaching of appraisal courses is not acceptable for meeting the experience requirement. Applicants must provide documentation as requested by the board to establish credit for teaching appraisal courses. Education credit for teaching a particular course may be claimed only once in each three year period.

(k)

Distance education courses may be acceptable to meet the classroom hour requirement, or its equivalent, provided that the course is approved by the board and meets one of the following conditions listed in paragraphs (1) - (3) of this subsection.

(1)

the course must have been presented by an accredited college or university that offers distance education programs in other disciplines, and

(A)

the person has successfully completed a written examination administered to the positively identified person at a location and by an official approved by the college or university; and

(B)

the content and length of the course must meet the requirements for real estate appraisal related courses established by this chapter and by the Appraiser Qualifications Board of the Appraisal Foundation and is equivalent to a minimum of 15 classroom hours.

(2)

The course has received the American Council on Education's Program on Non-collegiate Sponsored Instructions (PONSI) approval for college credit, or has been approved under the AQB Course Approval program; and

(A)

the person successfully completes a written examination proctored by an official approved by the presenting entity;

(B)

the course meets the requirements for qualifying education established by the Appraiser Qualifications Board and is equivalent to the minimum of 15 classroom hours.

(3)

A minimum time equal to the number of hours of credit must elapse from the date of course enrollment until its completion.

(l)

"In-house" education and training is not acceptable for meeting the educational requirements for certification or licensure.

(m)

To be acceptable for meeting the Uniform Standards of Professional Appraisal Practice (USPAP) educational requirement, a course must:

(1)

Be devoted to the Uniform Standards of Professional Appraisal Practice (USPAP) with a minimum of 15 classroom hours of instruction;

(2)

Use the current edition of the Uniform Standards of Professional Appraisal Practice (USPAP) promulgated by the Appraisal Standards Board of the Appraisal Foundation;

(3)

Provide each student with his or her own permanent copy of the current Uniform Standards of Professional Appraisal Practice (USPAP) promulgated by the Appraisal Standards Board of the Appraisal Foundation; and

(4)

utilize the "National Uniform Standards of Professional Appraisal Practice (USPAP) Course" promulgated by the Appraisal Foundation, including the Student Manual and Instructor Manual. [ At a minimum be based on the topics covered by the Appraisal Standards Board (ASB) Instructor's Manual. This section does not limit additional USPAP topics to be covered in the course ].

(n)

Courses specifically approved by the Appraiser Qualifications Board (AQB) of the Appraisal Foundation , provided that the educational provider has notified the board of the AQB approval .

§153.15.Experience Required for Certification or Licensing.

(a)

An applicant for general real estate appraiser certification must provide evidence satisfactory to the board that the applicant possesses the equivalent of [ 2,000 ( ] 3,000 [ , effective January 1, 1998) ] hours of appraisal experience over a minimum of [ two calendar years ( ] 30 months [ , effective January 1, 1998) ]. At least [ 1,000 ( ] 1,500 [ , effective January 1, 1998) ] hours of experience must be in non-residential work. Hours may be treated as cumulative in order to achieve the necessary hours of appraisal experience.

(b)

An applicant for residential real estate appraiser certification must provide evidence satisfactory to the board that the applicant possesses the equivalent of [ 2,000 ( ] 2,500 [ , effective January 1, 1998) ] hours of appraisal experience over a minimum of [ two calendar years ( ] 24 months [ , effective January 1, 1998) ]. Hours may be treated as cumulative in order to achieve the necessary hours of appraisal experience.

(c)

An applicant for a state real estate appraiser license must provide evidence satisfactory to the board that the applicant possesses at least 2,000 hours of appraisal experience.

(d)

Experience credit shall be awarded by the board in accordance with current criteria established by the Appraiser Qualifications Board and in accordance with the provisions of the Act specifically relating to experience requirements. Experience as a real estate lending officer of a financial institution or as a real estate broker is acceptable experience if the experience includes the actual performance or professional review of real estate appraisals. An hour of experience means 60 minutes expended in one or more of the acceptable appraisal experience areas. Calculation of the hours of experience must be based solely on actual hours of experience. Any one or any combination of the following categories may be acceptable for the completion of 1,000 hours of credit each year.

(1)

Experience credit may be awarded for a fee or staff appraisal when it is performed in accordance with the provisions of the Uniform Standards of Professional Practice (USPAP) in effect at the time of the appraisal.

(2)

Experience credit may be awarded for an ad valorem tax appraisal which:

(A)

uses techniques to value properties similar to those used by appraisers; and

(B)

effectively uses the appraisal process. The components of the mass appraisal process which may be awarded experience credit are the highest and best use analysis, model specification (developing the model), and model calibration (developing adjustments to the model). Other components of the mass appraisal process, by themselves, are not eligible for experience credit. Mass appraisals must be performed in accordance with Standards Rule 6 of USPAP.

(3)

Experience credit may be awarded for a review appraisal when the appraiser performs review(s) of appraisals prepared by either employees, associates or others, provided the appraisal report was not signed by the review appraiser. Review appraisal credit shall not be awarded when the report is signed as a review appraiser as this should appropriately be considered as appraisal experience. Review appraisals must be performed in accordance with Standards Rule 3 of USPAP.

(4)

Experience credit may be awarded for appraisal analysis. A market analysis typically performed by a real estate broker or salesman may be awarded experience credit when the analysis is prepared in conformity with Standards Rules 1 and 2 of USPAP, and the individual can demonstrate that he or she is using similar techniques as appraisers to value properties and is effectively utilizing the appraisal process.

(5)

Experience credit may be granted for real estate counseling (consulting) when it is appraisal related and performed in accordance with Standards Rules 4 and 5 of USPAP.

(6)

Experience credit may be granted for highest and best use analysis.

(7)

Experience credit may be awarded for a feasibility analysis or feasibility study when it is performed in accordance with Standards Rules 4 and 5 of USPAP.

(8)

Experience credit may be awarded for teaching appraisal courses provided that an applicant may not receive more than 500 hours for teaching appraisal courses each year. Actual classroom time may be claimed, e.g. a three semester credit course equates to 45 hours of appraisal teaching experience; a 15 classroom hour course equates to 15 hours of teaching experience. [ Teaching an appraisal course may be used either for experience credit or for education credit. Both experience credit and education credit may be granted for teaching multiple sections of the same course; that is, credit for teaching a particular section of a course may be applied toward education credit and teaching another section of the same course may be applied toward experience credit. ] Documentation shall be required. [ (Teaching appraisal courses will not be accepted for meeting the experience requirement effective January 1, 1998.) ]

(e)

Experience claimed by an applicant must be submitted on forms promulgated by the board.

(1)

Experience claimed by an applicant shall be submitted upon an Appraisal Experience Affidavit, TALCB Form 2.2 or its successor.

(2)

In exceptional situations, the board, at its discretion, may accept other evidence of experience claimed by the applicant.

(3)

If a consumer complaint or peer complaint is brought against the applicant alleging fraud, incompetency, or malpractice and the board finds the complaint is reasonable or if the board determines other just cause exists for requiring further information, the board may obtain the additional information or documentation requested by:

(A)

requiring the applicant to complete a form, prescribed by the board, that includes detailed listings of appraisal experience showing, for each appraisal claimed by the applicant, the city or county where the appraisal was performed, the type and description of the building or property appraised, the approaches to value utilized in the appraisal, the actual number of hours expended on the appraisal, name of client, and other information determined to be appropriate by the board; or

(B)

engaging in other investigative research determined to be appropriate by the board.

(4)

The board shall require verification of acceptable experience of no more than 5.0% of the applications selected by random sampling. The sampling shall be applied when a minimum of twenty approved applications are received. The verification may be obtained by:

(A)

requiring the applicant to complete a form, prescribed by the board, that includes detailed listings of appraisal experience showing, for each appraisal claimed by the applicant, the city or county where the appraisal was performed, the type and description of the building or property appraised, the approaches to value utilized in the appraisal, the actual number of hours expended on the appraisal, name of client, and other information determined to be appropriate by the board;

(B)

engaging in other investigative research determined to be appropriate by the board; and

(C)

allowing a minimum of 60 days after the date of selection for the applicant to prepare any records.

(5)

Failure to comply with a request for verification of experience is a violation of these rules and may result in denial of certification or licensure, and any disciplinary action up to and including revocation.

(f)

An applicant may be granted experience credit only for appraisals which:

(1)

comply with the Uniform Standards of Professional Appraisal Practice (USPAP) in effect at the time of the appraisal;

(2)

are verifiable and supported by written reports or file memoranda; and

(3)

were performed by the applicant at a time when the applicant had legal authority to perform real property appraisals.

§153.16.Provisional License.

(a)

An applicant for appraiser trainee classification who can demonstrate to the board that the applicant has, after completing the appropriate educational requirements for a state licensed real estate appraiser under §153.13 of this title (relating to Educational Requirements), failed to secure sponsorship from at least two certified appraisers to obtain the 2,000 hours of acceptable experience required for licensing, the applicant may apply to the board to take the examination under the Act, §10.

(b)

An applicant under this section must file an application for a provisional license using forms prescribed by the board and pay the same fees as required for a state licensed real estate appraiser under §153.5 of this title (relating to Fees).

(c)

An applicant under this section must be a citizen of the United States or a lawfully admitted alien; be at least 18 years of age; be a legal resident of the state for at least 60 days immediately prior to filing an application; and satisfy the board as to the prospective provisional licensee's honesty, trustworthiness and integrity.

(d)

[ (c) ] An applicant under this section who passes the state licensed real estate appraiser examination required under the Act, §10, and who meets all other requirements for licensing, except for the actual real estate appraisal experience requirement, shall be provisionally licensed by the board.

(e)

[ (d) ] An applicant receiving a provisional license under subsection (d) [ (c) ] of this section must complete the actual real estate appraisal experience requirement not later than the 60th month after the date the license was issued. Failure to complete the appropriate real estate appraisal experience requirement by that date or failure to report completion of a portion of the person's real estate appraisal experience requirement each renewal period constitutes grounds for the automatic revocation of the provisional license.

(f)

Persons practicing under this section must keep and maintain a current log of appraisal activities performed on a form prescribed by the board.

§153.17.Renewal of Certification, License or Trainee Approval.

(a)

A license or certification issued by the board is valid for two years after the date of issuance. A certified or licensed appraiser or appraiser trainee may renew the certification, license, or trainee authorization [ approval ] by timely filing the prescribed application for renewal, paying the appropriate fee to the board and satisfying continuing education requirements as provided by §153.18 of this title (relating to Appraiser Continuing Education).

(b)

The board shall mail the prescribed renewal application form to the appraiser or trainee's last known business address at least 90 days prior to the expiration of the certification, license or approval. It is the responsibility of the appraiser or trainee to apply for renewal in accordance with these sections, and failure to receive a renewal application from the board does not relieve the appraiser or trainee of the responsibility of applying for renewal.

(c)

The board may not accept a renewal application filed after the expiration of the certification, license or appraiser trainee approval. An appraiser or trainee who does not timely file a renewal application must reapply for certification, license or approval as an appraiser trainee in accordance with the provisions of §153.9 of this title (relating to Applications). If the application is filed within one year of the expiration of a previous certification or license the applicant shall also provide satisfactory evidence of completion of any continuing education, as provided by §153.18 of this title (relating to Appraiser Continuing Education) , that would have been required for a timely renewal of the previous certification or license. If the application for certification or license is filed more than one year after the expiration of the previous certification or license, the applicant must successfully complete the examination required by §153.11 of this title (relating to Examinations).

(d)

A renewal application is acceptable for processing when it is received by the board, postmarked on or before the expiration date of the certification, license or authorization [ is deemed filed when placed in the mails properly addressed to the board with appropriate postage paid ].

(e)

Provisional licensees and appraiser trainees must provide a copy of an appraisal log, on a form prescribed by the board, for the period of license or authorization being renewed.

(f)

[ (e) ] Renewal of Licenses or Certification for Servicemen on Active Duty Outside the State.

(1)

A person previously licensed or certified by the board under this Act who is on active duty in the United States armed forces and serves in this capacity outside the State of Texas may renew an expired license or certification without being subject to any increase in fee imposed in his or her absence, or any additional education or experience requirements if the person:

(A)

provides a copy of official orders or other documentation acceptable to the board showing that the person was on active duty outside the state during the person's last renewal period;

(B)

applies for the renewal within 90 days after the person's active duty ends; and

(C)

pays the renewal application fee in effect when the previous license or certification expired.

(2)

Appraiser continuing education requirements as set out in §153.18 of this title, that would have been imposed for a timely renewal shall be deferred under this section to the next renewal of a license or certification.

(g)

[ (f) ] Denial of Licensing and Certification of Persons who are in Default on Texas Guaranteed Student Loan Corporation (TGSLC) Loans. Renewals of licenses and certifications issued by the board are subject to the policies established by the Texas Education Code, §57.491. Before the board declines to renew a license or certification due to default on a loan guaranteed by the TGSLC, a default on a repayment agreement with TGSLC, or a failure to enter a repayment agreement with TGSLC, the board shall give notice and provide an opportunity for a hearing in accordance with the provisions of the Texas Government Code, §2001.051 et seq. The board shall advise those licensed or certified in renewal notices and shall advise those who apply for licensure or certification in application forms that default on a loan guaranteed by TGSLC may prevent subsequent renewal of a license or certification or prevent the approval of an initial application for license or certification.

§153.18.Appraiser Continuing Education.

(a)

Renewing a Certification or License. An appraiser must successfully complete the equivalent of at least 28 classroom hours of appraiser continuing education (ACE) courses approved by the board during the two year period preceding the expiration of the certification or license. Renewals [ due after January 1, 1999, ] shall include a minimum of seven classroom hours devoted to the Uniform Standards of Professional Appraisal Practice (USPAP). The courses must comply with the requirements set out in subsection (d) of this section.

(b)

Renewing an Appraiser Trainee Authorization. As a condition for renewing an appraiser trainee authorization, a trainee must successfully complete educational courses during the one-year period preceding the expiration of the appraiser trainee authorization being renewed. The courses must comply with the fundamental education requirements for application for licensing and certification set out in §153.13 (e)-(n) of this title (relating to Educational Requirements):

(1)

For the first annual renewal, 15 classroom hours devoted to the USPAP which shall include the successful completion of an examination;

(2)

for the subsequent annual renewals, 30 classroom hours of fundamental real estate appraisal courses specifically approved by the board;

(3)

Beginning with the third annual renewal, every other annual renewal (third, fifth, seventh, etc.) must include a minimum of 15 classroom hours devoted to the USPAP which shall include the successful completion of an examination, in addition to [ as part of the ] 30 classroom hours of fundamental real estate appraisal courses specifically approved by the board. This 15 hour classroom requirement in addition to the 30 hours of fundamental real estate appraisal courses shall become effective January 1, 2000.

(c)

The appraiser continuing education requirement as set forth in section 153.17 of this title (relating to Renewal of Certification ,License or Trainee Approval ) for a person previously licensed or certified by the board under this act who is on active duty in the United States armed forces and serves in this capacity outside the State of Texas are deferred until the next renewal of a license or certification provided the person furnishes a copy of official orders or other official documentation acceptable to the board showing that the person was on active duty outside the state during the person's last renewal period.

(d)

In approving ACE courses, the board shall base its review and approval of appraiser continuing education courses upon the then current appraiser qualification criteria of the Appraiser Qualifications Board (AQB).

(1)

The purpose of ACE is to ensure that certified and licensed appraisers participate in programs that maintain and increase their skill, knowledge, and competency in real estate appraising.

(2)

The following types of educational offerings that may be accepted for meeting the ACE requirements are listed in subparagraphs (A)-(L) of this paragraph:

(A)

A course that meets the requirements for certification or licensing also may be accepted for meeting ACE provided:

(i)

The course is devoted to one or more of the appraisal related topics of the then current appraiser qualifications criteria of the Appraiser Qualifications Board (AQB) for continuing education;

(ii)

the course was not repeated within a three year period; and

(iii)

the educational offering is at least two hours in length.

(B)

The board shall accept as continuing education any continuing education a licensed or certified appraiser was awarded by a national appraiser organization approved by the board as a provider of qualifying education;

(C)

A course specifically approved by the board for meeting ACE offered by a provider as specified in §153.13(e)(2) of this title (relating to Educational Requirements), provided the course is devoted to one or more of the appraisal related topics of the then current appraiser qualifications criteria of the AQB for continuing education and the course is at least two hours in duration;

(D)

A course that meets the Texas Real Estate Commission mandatory continuing education (MCE) requirements, provided it is devoted to one or more of the appraisal related topics of the then current appraiser qualifications criteria of the AQB for continuing education, and which specifically has been approved by the board.

(E)

A seminar or other educational offering that deals with appraisal issues, offered by an appraiser trade association, a related association, or by a federal or state governmental agency, provided the offering was at least two hours in duration, and is devoted to one or more of the appraisal related topics of the then current appraiser qualifications criteria of the AQB for continuing education.

(F)

distance education courses, provided that the course is approved by the board and meets one of the following conditions listed in clauses (i)-(iv) of this subparagraph:

(i)

the course is presented to an organized group in an instructional setting with a person qualified and available to answer questions, provide information, and monitor student attendance, and is a minimum of two classroom hours and meets the requirements for continuing education courses established by the AQB; or

(ii)

the course either has been presented by an accredited college or university that offers distance education programs in other disciplines , or has received either the American Council on Education's Program on Non-collegiate Sponsored Instruction (ACE/PONSI) approval for college credit or the AQB's approval through the AQB Course Approval Program; and the course meets the following requirements listed in subclauses (I)-(II) of this clause:

(I)

the course is equivalent to a minimum of two classroom hours in length and meets the requirements for real estate appraisal-related courses established by the Apprisal Qualifications Board; and

(II)

the student successfully completed a written examination proctored by an official approved by the presenting college or university or by the sponsoring organization consistent with the requirements of the course accreditation; or if a written examination is not required for accreditation, the student successfully completes the course mechanisms required for accredition with demonstrated mastery and fluency (said mechanisms must be present in a course without an exam in order to be acceptable).

(iii)

the content and length of the course must meet the requirements for appraiser continuing education established by this chapter and must be devoted to one or more of the appraisal related topics of the then current appraiser qualifications criteria of the AQB for continuing education; and

(iv)

a minimum time equal to the number of hours of credit must elapse from the date of course enrollment until its completion.

(G)

"In-house" education and training are not acceptable for meeting the appraiser continuing education (ACE) requirements.

(H)

To be acceptable for meeting the Uniform Standards of Professional Appraisal Practice (USPAP), appraiser continuing education (ACE) requirement, a course must:

(i)

Be devoted to the Uniform Standards of Professional Appraisal Practice (USPAP) with a minimum of seven classroom hours of instruction;

(ii)

Use the current edition of the Uniform Standards of Professional Appraisal Practice (USPAP) promulgated by the Appraisal Standards Board of the Appraisal Foundation;

(iii)

Provide each student with his or her own permanent copy of the current Uniform Standards of Professional Appraisal Practice (USPAP) promulgated by the Appraisal Standards Board of the Appraisal Foundation; and

(iv)

At a minimum be based on topics covered by the Appraisal Standards Board (ASB) Instructor's Manual. This section does not limit additional USPAP related topics to be covered in the course.

(I)

Courses specifically approved by the Appraiser Qualifications Board (AQB) of the Appraisal Foundation are acceptable for meeting ACE requirements.

(J)

As [ Effective January 1, 1999, as ] part of the 28 classroom hour ACE requirement, an appraiser must successfully complete a minimum of seven classroom hours of instruction devoted to the USPAP before each renewal.

(K)

Copies of transcripts or course completion certificates from the course provider must accompany the Application for Renewal form.

(L)

Appraiser continuing education credit may also be granted for participation, other than as a student, in real estate appraisal educational processes and programs. Examples of activities for which credit may be granted are teaching, educational program development, authorship of real estate appraisal textbooks, or similar activities that are determined by the board to be equivalent to obtaining appraiser continuing education. Appraisal experience may not be substituted for ACE.

§153.20.Guidelines for Revocation, Suspension or Denial of Licensure or Certification.

(a)

The board may suspend or revoke a license, certification, authorization or registration issued under provisions of this Act or deny issuing a license, certification, authorization or registration to an applicant at any time when it has been determined that the person applying for or holding the license, certification, authorization, or registration:

(1)

has been convicted of a felony;

(2)

has disregarded or violated a provision of the Act or of the Rules of the Texas Appraiser Licensing and Certification Board;

(3)

has acted or held himself or herself or any other person out as a licensed or certified real estate appraiser under the Act when not so licensed or certified;

(4)

has accepted payment for appraiser services and has failed to deliver the agreed service in the agreed upon manner;

(5)

has refused to refund payment received for appraiser services when he or she has failed to deliver the appraiser service in the agreed upon manner;

(6)

has accepted payment for services contingent upon a minimum, maximum, or pre-agreed value estimate except when such action would not interfere with the appraiser's obligation to provide an independent and impartial opinion of value and full disclosure of the contingency is made;

(7)

has offered to perform appraiser services or has agreed to perform such services when employment to perform such services is contingent upon a minimum, maximum, or pre-agreed value estimate except when such action would not interfere with the appraiser's obligation to provide an independent and impartial opinion of value and full disclosure of the contingency is made;

(8)

has made a material [ willful or grossly negligent ] misrepresentation or [ any willful or grossly negligent ] omission of material fact;

(9)

has had a license or certification as an appraiser revoked, suspended, or otherwise acted against by any other jurisdiction for an act which is an offense under Texas law;

(10)

is confined in any county jail, post adjudication; is confined in any state or federal prison or mental institution; or through mental disease or deterioration, can no longer safely be entrusted to deal with the public or in a confidential capacity;

(11)

has procured a license or certification pursuant to the Act by making false or fraudulent representation;

(12)

has failed to actively, personally, and diligently supervise an appraiser trainee under his or her sponsorship or any person not licensed or certified under the Act who assists the licensee or certificate holder in performing real estate appraiser services;

(13)

has had a final civil judgement entered against him or her on grounds of fraud or willful or grossly negligent misrepresentation in the making of real estate appraiser services;

(14)

has failed to make good on a check issued to the board within thirty days after the board has mailed a request for payment by certified mail to the licensee's last known business address as reflected by the board's records;

(15)

has knowingly or wilfully [ intentionally ] engaged in false or misleading conduct or advertising with respect to client solicitation;

(16)

has acted or held himself or any other person out as a licensed or certified real estate appraiser under this or another state's Act when not so licensed or certified;

(17)

has engaged in any other act relating to the business or appraising that the board, in its discretion, believes warrants a suspension or revocation.

(18)

has used any title, designation, initial or other insignia or identification that would mislead the public as to that person's credentials, qualifications, competency, or ability to perform certified or licensed appraisal services.

(19)

has failed to comply with a final order of the board.

(b)

The board has discretion in determining the appropriate penalty for any violation under subsection (a) of this section [ with the following restrictions ].

[ (1)

Penalty for an offense under subsection (a)(1) shall be immediate revocation of a license or certification pursuant to Vernon's Texas Civil Statutes, Article 6252-13c(4)(e).]

[ (2)

Penalty for an offense under subsection (a)(3) shall be suspension or withholding of license or certification for a period not to exceed two years.]

[ (3)

Penalty for a first violation under subsection (a)(4) shall be suspension of license or certification for a period not to exceed 60 days.]

[ (4)

Penalty for a second violation under subsection (a)(4) shall be suspension of license or certification for a period not to exceed one year.]

[ (5)

Penalty for a third violation under subsection (a)(4) shall be suspension of license or certification for a period not to exceed three years.]

[ (6)

Penalty for an offense of either subsection (a)(6) or subsection (7) shall be suspension of license or certification not to exceed a period of three years.]

(c)

The provisions of this section do not relieve a person from civil liability or from criminal prosecution under the Act or under the laws of this State.

(d)

The board may not investigate under this section a complaint submitted more than two years after the date of discovery of the incident involving the state licensed real estate appraiser, provisional licensed appraiser, state certified real estate appraiser, or appraiser trainee who is the subject of the complaint.

(e)

Notwithstanding any other provision of the Act, there shall be no undercover or covert investigations conducted by authority of the Act.

(f)

All board members, officers, directors, and employees of this agency shall be held harmless with respect to any disclosures made to the board in connection with any complaints filed with the board.

(g)

A license, certification, authorization or registration may be revoked or suspended by the Attorney General or other court of competent jurisdiction for failure to pay child support under provisions of Chapter 232 of the Texas Family Code.

(h)

A certified or licensed appraiser who files a complaint against another certified or licensed appraiser that the board determines to be frivolous is liable for a civil penalty. At the request of the board, the attorney general or a district or county attorney may institute a civil action in district court to collect a penalty under this subsection. A civil penalty under this subsection may not be less than $500 or more than $10,000. A civil penalty recovered in a suit instituted under this subsection shall be deposited in the state treasury to the credit of the general revenue fund.

§153.21.Appraiser Trainees.

(a)

A person desiring to be an appraiser-trainee under the sponsorship of one or more state certified appraisers may apply to the board on the application form prescribed by the board. A prospective trainee must be a citizen of the United States or a lawfully admitted alien; be at least 18 years of age; be a legal resident of this state for at least 60 days immediately before the filing of the application; and satisfy the board as to the prospective trainee's honesty, trustworthiness, and integrity. Once a person is approved as an appraiser trainee by the board, the person may perform appraisals or appraiser services only under the direction and direct supervision of a sponsoring certified appraiser unless one of the following events occurs:

(1)

the appraiser trainee approval expires due to nonpayment of the annual renewal fee or the educational requirements for renewal have not been met;

(2)

the sponsorship is terminated by either the sponsor or the trainee, leaving the appraiser trainee without a sponsoring certified appraiser; or

(3)

the trainee's authority to act has been suspended or revoked by the board.

(b)

The sponsoring certified appraiser shall immediately notify the board in writing of any termination of sponsorship of an appraiser trainee, on a form prescribed by the board and pay a fee set by the board not later than the 10th day after the date of such termination. The board will notify the trainee that the sponsorship has been terminated.

(c)

If an appraiser trainee's approval has expired or been revoked by the board or the trainee is no longer under the sponsorship of a certified appraiser, the appraiser trainee may not perform the duties of an appraiser trainee until an application to sponsor the trainee has been filed together with the appropriate fee and approved by the board.

(d)

Certified appraisers who sponsor appraiser trainees and who sign a report shall be responsible to the public and to the board for the conduct of the appraiser trainee under the Act. After notice and hearing, the board may reprimand a sponsoring appraiser or may suspend or revoke a sponsoring appraiser's certification based on conduct by the appraiser trainee constituting a violation of the Act or a rule of the board.

(e)

A certified appraiser may be added as a sponsor during the term of an appraiser trainee's authorization, by completing a form prescribed by the board and paying a fee set by the board, and shall assume all the duties, responsibilities, and obligations of an appraiser trainee sponsor as specified in these rules.

[ (f)

An appraiser trainee sponsored by a state licensed appraiser on September 1, 1993, may continue to perform the duties of an appraiser trainee under the sponsorship and supervision of that state licensed appraiser until the first renewal after January 1, 1994, after which time the appraiser trainee must become sponsored by a certified appraiser.]

§153.25.Temporary Non-Resident Registration.

(a)

A person licensed or certified as an appraiser by another state, commonwealth, or territory may register with the board so as to qualify to appraise real property in this state without holding a license or certification issued under the Act if:

(1)

the state, commonwealth or territory licensing and certification program under which the person holds a license or certification has not been disapproved by the Appraisal Subcommittee; and

(2)

the appraiser's business in this state is of a temporary nature not to exceed 60 days.

(b)

A person wishing to be registered under this subsection must submit a completed application form prescribed by the board.

(c)

A person registered under this subsection must submit an irrevocable consent to service of process in this state on a form prescribed by the board [ pursuant to §153.29 of this title (relating to Irrevocable Consent of Service of Process) ].

(d)

An appraiser registered under this subsection may apply for a 150 day extension to the original expiration date of the temporary non-resident registration, provided the appraiser:

(1)

is performing an appraisal in a federally related transaction;

(2)

is continuing the same appraisal assignment listed on the original Temporary Non-Resident Appraiser Registration application;

(3)

requests an extension on a form prescribed by the board, postmarked prior to the expiration of the current temporary non-resident registration; and

(4)

pays an additional fee equal to the amount prescribed for non-resident appraiser registration in §153.5(a)(6) of this title (relating to Fees).

§153.27.Certification and Licensure by Reciprocity.

(a)

A person who is licensed or certified as an appraiser under the laws of a state having licensure or certification requirements that have not been disapproved by the Appraisal Subcommittee may apply for a license or certification under the Act by completing and submitting to the board the application for licensure or certification and paying to the board the fee, both of which are required by the state of the person's present certification. An applicant for certification or licensure by reciprocity also must complete and submit a Supplement to Application for Appraiser Certification or Licensing by Reciprocity (TALCB Form 10.0) or its successor.

(b)

A person applying for a license or certification under this subsection must submit an irrevocable consent to service of process in this state on a form prescribed by the board [ pursuant to §153.29 of this title (relating to Irrevocable Consent to Service of Process) ].

(c)

An application may not be accepted from a person from a state that refuses to offer reciprocal treatment to residents of this state who are certified or licensed real estate appraisers.

(d)

The board shall seek verification from an applicant's home state that the applicant's license or certification is valid and in good standing. A reciprocal license or certificate may not be issued without the verification required by this subsection.

(e)

A person holding a license or certification by reciprocity must pay the federal registry fee and other fees imposed by the board. The total application fees required for certification or licensure by reciprocity shall be equal to the amount of the application, processing, and issuance fees required for a Texas certified or licensed appraiser to become certified or licensed in the applicant's home state of present licensure or certification, prorated for one year, but not less than $100. In addition, a one-year federal registry fees shall be required.

(f)

A reciprocal license or certification expires on the same date that the license or certification held by the applicant in the applicant's home state expires or on the first anniversary of the date the reciprocal license or certification was issued, whichever comes first.

(g)

Renewal of a certification or license granted through reciprocity shall be in the same manner, with the same requirements, term, and fees as for the same classification of certified or licensed appraiser as provided in §153.17 of this title (relating to Renewal of Certification, License, or Trainee Approval [ ; Appraiser Continuing Education ]).

(h)

A person whose legal residency is in the State of Texas may not be licensed or certified through reciprocity.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 16, 1999.

TRD-9905172

Renil C. Linér

Commissioner

Texas Appraiser Licensing and Certification Board

Earliest possible date of adoption: September 26, 1999

For further information, please call: (512) 465-3950