Part 8. TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD
Chapter 155. RULES RELATING TO STANDARDS OF PRACTICE
The Texas Appraiser Licensing and Certification Board (board) proposes an amendment to §155.1, relating to the standards of practice. The proposed amendment is being made so that the jurisdictional exception currently in place for staff and board members, is expanded to include members of the peer review committee authorized by Texas Occupations Code, §1103.453.
Troy Beaulieu, attorney for the Texas Appraiser Licensing and Certification Board, after consulting with Karen Alexander, director of staff services, has determined that, for the first five-year period the amended section as proposed is in effect, there will be fiscal implications for the state as a result of enforcing or administering the amended section. The cost to the state to administer this amended section is $7,950, each year. No fiscal implications are anticipated for local government. There is no anticipated impact on local or state employment as a result of implementing the amended section.
Mr. Beaulieu also has determined that, for each year of the first five years the proposed amendments are in effect, the anticipated public benefit as a result of this amendment is that peer review committees will be able to assist in expeditiously resolving cases that have been pending too long without having to worry about strictly complying with many of the technical requirements otherwise imposed by the Uniform Standards of Professional Appraisal Practice. There will be no effect on small businesses. There is no anticipated cost to persons who are required to comply with the amended section as proposed.
Comments on the proposed amendments may be submitted to Troy Beaulieu, attorney for the Texas Appraiser Licensing and Certification Board, P.O. Box 12188, Austin, Texas 78711-2188.
The amendments are proposed under the Texas Appraiser Licensing and Certification Act, Subchapter D, Board Powers and Duties (Occupations Code, Chapter 1103), which provides the board with authority to adopt rules under §1103.151, Rules Relating to Certification and Licenses and §1103.154, Rules Relating to Professional Conduct.
No other code, article, or statute is affected by this proposal.
§155.1.Standards of Practice.
(a) An appraisal or appraisal practice performed by a person subject to the Texas Appraiser Licensing and Certification Act must conform with the "Uniform Standards of Professional Appraisal Practice" (USPAP) of the Appraisal Foundation in effect at the time of the appraisal or appraisal practice.
(b) A Jurisdictional Exception is adopted for the members
,
[
and
] staff
, and peer review committee members
of
the Texas Appraiser Licensing and Certification Board for all appraisal
reviews relating to enforcement and disciplinary cases, applications,
renewals, and experience verification audits.
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 20, 2007.
TRD-200703761
Troy Beaulieu
Attorney
Texas Appraiser Licensing and Certification Board
Earliest possible date of adoption: September 30, 2007
For further information, please call: (512) 465-3959
Subchapter A. GENERAL PROVISIONS
The Texas Appraiser Licensing and Certification Board (board) proposes amendments to §157.7, relating to the denial of a license. These proposed amendments are being made so that the board's rules relating to the contested case hearing process will conform to the recent legislative changes made in contested case hearing procedure and process under S.B. 914 which amended Texas Occupations, Code Chapter 1103. The thrust of those legislative amendments was to require contested case hearings to be held before the State Office of Administrative Hearings instead of following the prior practice of utilizing an in-house administrative law judge. Thus, the proposed amendments incorporate the legislatively mandated changes. These proposed amendments will also be adopted on an emergency basis simultaneously in this issue of the Texas Register.
Troy Beaulieu, attorney for the Texas Appraiser Licensing and Certification Board, has determined that, for the first five-year period the amended sections as proposed are in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the rules.
Mr. Beaulieu also has determined that, for each year of the first five years the proposed amendments are in effect, the anticipated public benefit as a result of the amendment is that contested case hearings will now be heard by an administrative law judge with the State Office of Administrative Hearings instead of an in-house administrative law judge. This will provide additional assurance to the public that important factual determinations in contested case hearings are made by a totally independent, outside arbiter. There will be no effect on small businesses. There is no anticipated cost to persons who are required to comply with the amended section as proposed.
Comments on the proposed amendments may be submitted to Troy Beaulieu, attorney for the Texas Appraiser Licensing and Certification Board, P.O. Box 12188, Austin, Texas 78711-2188.
The amendments are proposed under the Texas Appraiser Licensing and Certification Act, Subchapter D, Board Powers and Duties (Occupations Code, Chapter 1103), which provides the board with authority to adopt rules under §1103.151, Rules Relating to Certification and Licenses; §1103.154, Rules Relating to Professional Conduct; and §1103.508, Subchapter K., Contested Hearings.
No other code, article, or statute is affected by this proposal.
§157.7.Denial of a License.
If the board denies a certification or license to an applicant
under the Act, the board immediately shall give written notice of
the denial to the applicant. Notice and hearings relating to denial
of a license issued by the board shall be governed by the Act and
by Texas Government Code Annotated, §§2001.001, et seq.
In the case of an application for approval as an appraiser trainee
the board shall also notify a sponsoring certified appraiser of the
denial, but a sponsoring appraiser is not required to request a hearing
or to be named or admitted as a party in the proceeding before the
board. A hearing pursuant to this section shall be held at a place
designated by the
the State Office of Administrative Hearings
[
board
] and presided over by
an
[
the agency's
]
administrative law judge from the State Office of Administrative Hearings
who shall conduct the hearing and issue
a proposal for
decision
[
final decisions for the board
]. Failure
to request a hearing within 30 days of the written notice of denial
waives judicial appeal, and the board determination becomes final
and unappealable.
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 20, 2007.
TRD-200703758
Troy Beaulieu
Attorney
Texas Appraiser Licensing and Certification Board
Earliest possible date of adoption: September 30, 2007
For further information, please call: (512) 465-3953
The Texas Appraiser Licensing and Certification Board (board) proposes amendments to §157.11, relating to contested cases. The proposed amendments are being made so that the board's rules relating to the contested case hearing process will conform to the recent legislative changes made in contested case hearing procedure and process under S.B. 914 which amended Texas Occupations Code, Chapter 1103. The thrust of those legislative amendments was to require contested case hearings to be held before the State Office of Administrative Hearings instead of following the prior practice of utilizing an in-house administrative law judge. Thus, the proposed amendments incorporate the legislatively mandated changes. An additional proposed amendment to §157.11 replaces an outdated statutory reference with the correct statutory reference. Except for the amendments which make changes to outdated statutory language, all of the proposed amendments will be adopted on an emergency basis simultaneously in this issue of the Texas Register.
Troy Beaulieu, attorney for the Texas Appraiser Licensing and Certification Board, has determined that, for the first five-year period the amended sections as proposed are in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the rules.
Mr. Beaulieu also has determined that, for each year of the first five years the proposed amendments are in effect, the anticipated public benefit as a result of these amendment are that contested case hearings will now be heard by an administrative law judge with the State Office of Administrative Hearings instead of an in-house administrative law judge. This will provide additional assurance to the public that important factual determinations in contested case hearings are made by a totally independent, outside arbiter. There will be no effect on small businesses. There is no anticipated cost to persons who are required to comply with the section as proposed.
Comments on the proposed amendments may be submitted to Troy Beaulieu, attorney for the Texas Appraiser Licensing and Certification Board, P.O. Box 12188, Austin, Texas 78711-2188.
The amendments are proposed under the Texas Appraiser Licensing and Certification Act, Subchapter D, Board Powers and Duties (Occupations Code, Chapter 1103), which provides the board with authority to adopt rules under §1103.151, Rules Relating to Certification and Licenses;, §1103.154, Rules Relating to Professional Conduct; and §1103.508, Subchapter K. Contested Hearings.
No other code, article, or statute is affected by this proposal.
§157.11.Contested Cases; Entry of Appearance; Continuance.
(a) When a contested case has been instituted, the
respondent or the representative of the respondent shall enter an
appearance not later than 20 days after the date of receipt of notice
as provided in
Tex. Occ. Code §1103.506
[
§12A
of the Act
].
(b) For the purposes of this section, a contested case
shall mean any action that is referred by the board to the
State
Office of Administrative Hearings
[
agency's administrative
law judge
].
(c) For purposes of this section, an entry of appearance
shall mean the filing of a written answer or other responsive pleading
with the
State Office of Administrative Hearings
[
agency's
administrative law judge
].
(d) The filing of an untimely appearance by a party, or entering an appearance at the contested case hearing entitles the board to a continuance of the hearing in the contested case at the board's discretion for such a reasonable period of time as determined by the administrative law judge, but not for a period of less than 20 days. For purposes of this section, an untimely appearance is an appearance not entered within 20 days of the date the respondent has received notice.
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 20, 2007.
TRD-200703759
Troy Beaulieu
Attorney
Texas Appraiser Licensing and Certification Board
Earliest possible date of adoption: September 30, 2007
For further information, please call: (512) 465-3959
The Texas Appraiser Licensing and Certification Board proposes amendments to §157.15, §157.18 and new rules §157.16, Exceptions and Replies and §157.17, Final Decisions and Orders. The new rules and amendments are being made so that the board's rules relating to the contested case hearing process will conform to the recent legislative changes made in contested case hearing procedure and process under SB 914 which amended Texas Occupations Code Chapter 1103. The thrust of those legislative amendments was to require contested case hearings to be held before the State Office of Administrative Hearings instead of following the prior practice of utilizing an in-house administrative law judge. Thus, the new rules and amendments incorporate the legislatively mandated changes. The new rules and amendments have been adopted on an emergency basis and become effective on September 1, 2007 due to legislative changes made by SB 914. They appear simultaneously in this issue of the Texas Register.
Troy Beaulieu, attorney for the Texas Appraiser Licensing and Certification Board, has determined that for each year of the first five-year period the sections are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the rules.
Mr. Beaulieu also has determined that for each year of the first-five year period the new rules and amendments are in effect, the anticipated public benefit as a result of this amendment is that contested case hearings will now be heard by an administrative law judge with the State Office of Administrative Hearings instead of an in house administrative law judge. This will provide additional assurance to the public that important factual determinations in contested case hearings is made by a totally independent, outside arbiter. There will be no effect on small businesses. There is no anticipated cost to persons who are required to comply with the section as proposed.
Comments on the proposed new rules and amendments may be submitted to Troy Beaulieu, attorney for the Texas Appraiser Licensing and Certification Board, P.O. Box 12188, Austin, Texas 78711-2188.
The new rules and amendments are proposed under the Texas Appraiser Licensing and Certification Act, Subchapter D, Board Powers and Duties (Occupations Code, Chapter 1103), which provides the board with authority to adopt rules under §1103.151, Rules Relating to Certification and Licenses, §1103.154, Rules Relating to Professional Conduct and §1103.508, Subchapter K. Contested Hearings.
No other code, article, or statute is affected by this proposal.
§157.15.Decision.
(a) The administrative law judge shall serve on the parties a proposal for decision which shall contain:
(1) a statement of the administrative law judge's proposed reasons for the decision;
(2) findings of fact and conclusions of law, separately stated, that are necessary to the proposed decision.
(b) Service. When a decision is prepared, a copy of
the decision shall be served by the administrative law judge on each
party, the respondent's attorney of record or representative, and
the board. Service of the decision shall be in accordance with
§157.9(b)
Section 157.9(b)
of this title (relating to Notice
of Hearing).
§157.16.Exceptions and Replies.
(a) Entitlement. Any party of record who is aggrieved by the administrative law judge's decision shall have the opportunity to file exceptions to the decision within 20 days from the date of service of the decision. Replies to the exceptions may be filed by the other party within 20 days of the filing of the exception.
(b) Exceptions and replies shall be filed by the administrative law judge.
§157.17.Final Decisions and Orders.
(a) Board Action. The proposal for decision may be acted upon by the board after the expiration of 60 days after the date of service of the proposal for decision. Parties shall be notified either personally or by mail of any decision or order. On written request, a copy of the decision or order shall be delivered or mailed to any party and to the respondent's attorney of record.
(b) Imminent Peril. If the board finds that an imminent peril to the public health, safety, or welfare requires immediate effect on a final decision or order in a contested case, it shall recite the finding in the decision or order as well as the fact that the decision or order is final and effective on the date rendered, in which event the decision or order is final and appealable on the date rendered, and no motion for rehearing is required as a prerequisite for appeal.
§157.18.Motions for Rehearing; Finality of Decisions.
(a) Filing times. A motion for rehearing must be filed
within 20 days after a party has been notified, either in person or
by certified mail, return receipt requested, of the final decision
or order
made
by the
board
[
administrative
law judge
].
(b) - (d) (No Change)
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 20, 2007.
TRD-200703760
Troy Beaulieu
Attorney
Texas Appraiser Licensing and Certification Board
Earliest possible date of adoption: September 30, 2007
For further information, please call: (512) 465-3959
Chapter 535. GENERAL PROVISIONS
Subchapter J. FEES
The Texas Real Estate Commission (TREC or commission) proposes amendments to §535.101 regarding Fees. This amended section as proposed establishes the fees necessary for the administration of the commission's functions. The proposed amendments would remove Texas Online fees from the TREC fee schedule, increase the salesperson application fee from $50 to $75, add a provision for late renewal fees, and increase the education evaluation fee from $20 to $30. The justification for the proposed amendments is to generate sufficient revenue to fund appropriations by the 80th Legislature (2007).
The 80th Legislature in the 2008-2009 General Appropriations Act and riders thereto concerning House Bill 716, House Bill 1530, and Senate Bill 914 approved budget appropriations for the commission contingent on those appropriations being paid through fee collections. The proposed amendments would permit TREC to raise the necessary revenue to offset the additional costs incurred by the commission to implement new programs required by laws passed by the 80th Legislature.
Karen Alexander, director of staff services, has determined that, for the first five-year period the amended section as proposed is in effect there will be fiscal implications for the state as a result of enforcing or administering the section. Annual revenues would increase by approximately $221,130 for FY 2008 and $265,380 for each year thereafter for the first five years after the section as amended is in effect. No fiscal implications are anticipated for local government. There is no anticipated impact on local or state employment as a result of implementing the amended section.
Ms. Alexander also has determined that, for each year of the first five years the amended section as proposed is in effect, the public benefit anticipated as a result of enforcing the section will be ensuring that the commission collects sufficient fees to fund appropriations by the legislature. The anticipated economic cost to persons who are required to comply with the amended section as proposed will be an increase of $25 for salesperson license applications, an increase of $10 in the fee for filing a request to evaluate education, a penalty of one and one half the renewal fee for renewal applications submitted 90 days or less from the expiration date of a license, and a penalty fee of two times the renewal fee for renewal applications submitted more than 90 days but less than one year from the expiration date of the license.
Comments on the proposal may be submitted to Loretta R. DeHay, General Counsel, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.
The amendments are proposed under Texas Occupations Code, §1101.151, which authorizes the Texas Real Estate Commission to adopt and enforce rules necessary to administer Chapter 1101, to establish standards of conduct and ethics for its licensees to fulfill the purposes of Chapter 1101, and ensure compliance with Chapter 1101.
The statute affected by this proposal is Texas Occupations Code, Chapter 1101. No other statute, code, or article is affected by the proposed amendments.
§535.101.Fees.
(a) (No change.)
(b) The commission shall charge and collect the following fees:
(1) a fee not to exceed
$75
[
$80
]
for the filing of an original application for a real estate broker license;
(2) a fee
of $30
[
not to exceed $33.50
]
for annual renewal of a real estate broker license;
(3) a fee
of $75
[
not to exceed $52
]
for the filing of an original application for a real estate salesperson
license;
(4) a fee
of $30
[
not to exceed $31.50
]
for annual renewal of a real estate salesperson license;
(5) a fee of $59 for taking a license examination;
(6) a fee of $20 for filing a request for a license for each additional office or place of business;
(7) a fee of $20 for filing a request for a license for a change of place of business change of name, return to active status or change of sponsoring broker;
(8) a fee of $20 for filing a request to replace a license lost or destroyed;
(9) a fee of $400 for filing an application for accreditation of an education program under Texas Occupations Code (the Act), §1101.301;
(10) a fee of $200 a year for operation of a real estate education program under the Act, §1101.301;
(11) a fee of
$30
[
$20
] for transcript
evaluation;
(12) a fee of $20 for preparing a license history;
(13) a fee of $25 for the filing of an application
for a moral character determination; [
and
]
(14) a fee of $25 for the filing of an instructor application
;
[
.
]
(15) a fee of $45 for the annual late renewal of a real estate salesperson or broker license for a person whose license has been expired 90 days or less; and
(16) a fee of $60 for the annual late renewal of a real estate salesperson or broker license for a person whose license has been expired more than 90 days but less than one year.
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 17, 2007.
TRD-200703687
Loretta R. DeHay
General Counsel and Interim Administrator
Texas Real Estate Commission
Earliest possible date of adoption: September 30, 2007
For further information, please call: (512) 465-3900
Chapter 661. GENERAL RULES OF PROCEDURES AND PRACTICES
Subchapter D. APPLICATIONS, EXAMINATIONS, AND LICENSING
The Texas Board of Professional Land Surveying (TBPLS) proposes an amendment to §661.41, concerning the surveyor-in-training certification. It will implement recently passed legislation as a result of S.B. 1340.
The amendment will enact the requirement of The Professional Land Surveying Practices Act, §1071.253, Surveyor-in-training Certificate.
Sandy Smith, Executive Director, has determined that for the first five year period the rule is in effect there will be no fiscal impact to state or local government as a result of enforcing or administering this amendment.
Ms. Smith has also determined that for each year of the first five years the rule is in effect the public will benefit from the rule because it will adopt recently passed legislation.
There will be no effect on small or micro businesses that are in compliance with the Board's Act and Rules. There are no anticipated costs to those who are required to comply with the rule as proposed.
Comments on the proposed amendment may be submitted in writing to Sandy Smith, Executive Director, Texas Board of Professional Land Surveying, 12100 Park 35 Circle, Building A, Suite 156, Austin, TX 78753. Comments may also be faxed to Ms. Smith at the Board at (512) 239-5253 or may be sent electronically to ssmith@txls.state.tx.us. All requests for a public hearing on the proposed section submitted under the Administrative Procedure Act must be received by the Executive Director not more than 15 calendar days after notice of a proposed change in the section has been published in the Texas Register.
The amendment is proposed pursuant to §1071.151, Title 6, Occupations Code, Subtitle C, which authorizes the Board to adopt and enforce reasonable and necessary rules to perform its duties.
The proposed amendment implements the Texas Administrative Code, Title 22, Part 29, General Rules of Procedures and Practices.
§661.41.Applications.
(a) - (e) (No change.)
(f) The Texas certification as a surveyor-in-training
is valid for
eight
[
six
] years from the date
the surveyor-in-training certificate was issued by the original issuing
state, territory or possession of the United States.
(g) - (j) (No change.)
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, 2007.
TRD-200703648
Sandy Smith
Executive Director
Texas Board of Professional Land Surveying
Earliest possible date of adoption: September 30, 2007
For further information, please call: (512) 239-5263
The Texas Board of Professional Land Surveying (TBPLS) proposes an amendment to §661.42, concerning Fees. It will remove language regarding the cost of the application fee.
The amendment removes the cost of the application fee.
Sandy Smith, Executive Director, has determined that for the first five year period the rule is in effect there will be no fiscal impact to state or local government as a result of enforcing or administering this amendment.
Ms. Smith has also determined that for each year of the first five years the rule is in effect the public will benefit from the rule because it will remove language that is currently part of the application packet and is subject to change.
There will be no effect on small or micro businesses that are in compliance with the Board's Act and Rules. There are no anticipated costs to those who are required to comply with the rule as proposed.
Comments on the proposed amendment may be submitted in writing to Sandy Smith, Executive Director, Texas Board of Professional Land Surveying, 12100 Park 35 Circle, Building A, Suite 156, Austin, TX 78753. Comments may also be faxed to Ms. Smith at the Board at (512) 239-5253 or may be sent electronically to ssmith@txls.state.tx.us. All requests for a public hearing on the proposed section submitted under the Administrative Procedure Act must be received by the Executive Director not more than 15 calendar days after notice of a proposed change in the section has been published in the Texas Register.
The amendment is proposed pursuant to §1071.151, Title 6, Occupations Code, Subtitle C, which authorizes the Board to adopt and enforce reasonable and necessary rules to perform its duties.
The proposed amendment implements the Texas Administrative Code, Title 22, Part 29, General Rules of Procedures and Practices.
§661.42.Fees.
(a) All fees are payable by cashier's check or money order and are not refundable.
[
(b)
Each application fee
is $100.]
(b)
[
(c)
] In addition to the
application fee, an examination fee not to exceed the examination
cost and fees for administering the exam is required.
(c)
[
(d)
] New registrants will
be required to pay a prorated part of the annual licensing fee according
to their date of registration or licensure.
(d)
[
(e)
] In compliance with
the Open Records Act, the Texas Board of Professional Land Surveyors
will recover the costs of providing copies of public information according
to the following guidelines:
(1) For readily available information the following charges will be used:
(A) standard-size paper copy--$.10 per page;
(B) diskette--$1.00 each;
(C) personnel charge--$19 per hour;
(D) overhead charge--20% of personnel charge;
(E) computer resource charge--actual cost;
(F) programming time charge--actual cost;
(G) miscellaneous supplies--actual cost;
(H) postage and shipping charge--actual cost;
(I) fax charge:
(i) local--$.10 per page;
(ii) long distance (same area code)--$.50 per page;
(iii) long distance (different area code)--$1.00 per page; and
(J) other cost--actual cost.
(2) Information that is not readily available will be subject to the cost outlined in paragraph (1) of this subsection, plus any necessary document retrieval charges.
(3) A deposit may be required if the amount of estimated charges exceeds $100.
(4) Records can be furnished without charge or at reduced charge if it is determined that waiver or reduction is in the public interest.
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, 2007.
TRD-200703649
Sandy Smith
Executive Director
Texas Board of Professional Land Surveying
Earliest possible date of adoption: September 30, 2007
For further information, please call: (512) 239-5263
The Texas Board of Professional Land Surveying (TBPLS) proposes a new section §661.51, concerning compliance with the surveyor-in-training certification. The new rule is to implement recently passed legislation as a result of S.B. 1340.
The new rule will enact the requirement of The Professional Land Surveying Practices Act, §1071.253, Surveyor-in-training Certificate and §1071.305, Continuing Professional Education.
Sandy Smith, Executive Director, has determined that for the first five year period the rule is in effect there will be no fiscal impact to state or local government as a result of enforcing or administering this new rule.
Ms. Smith has also determined that for each year of the first five years the rule is in effect the public will benefit from the rule because it will implement procedures that a surveyor-in-training must follow in order to renew his certification.
There will be no effect on small or micro businesses that are in compliance with the Board's Act and Rules. There are no anticipated costs to those who are required to comply with the rule as proposed.
Comments on the proposed rule may be submitted in writing to Sandy Smith, Executive Director, Texas Board of Professional Land Surveying, 12100 Park 35 Circle, Building A, Suite 156, Austin, TX 78753. Comments may also be faxed to Ms. Smith at the Board at (512) 239-5253 or may be sent electronically to ssmith@txls.state.tx.us. All requests for a public hearing on the proposed section submitted under the Administrative Procedure Act must be received by the Executive Director not more than 15 calendar days after notice of a proposed change in the section has been published in the Texas Register.
The new rule is proposed pursuant to §1071.151, Title 6, Occupations Code, Subtitle C, which authorizes the Board to adopt and enforce reasonable and necessary rules to perform its duties.
The new rule implements the Texas Administrative Code, Title 22, Part 29, General Rules of Procedures and Practices.
§661.51.Surveyor-In-Training Education Requirement.
(a) As a condition for retaining a Surveyor-In-Training (SIT) certificate during the eight year period of working towards completion of registration, the certificate holder must complete professional education activities.
(b) Professional education activities include successful completion of courses in areas supporting development of skill and competence in professional land surveying; participating in programs, seminars, workshops or conferences which provide increased professional knowledge related to the practice of professional land surveying and other continuing education activities which are approved by the Board.
(c) At the end of the eight year period if the certificate holder has not successfully completed registration but wishes to maintain the SIT certification, the Board will require written proof of completion of at least 32 hours of acceptable continuing education during the eight year period as set out in subsection (b) of this section. The certificate can then be renewed on a yearly basis. As a condition for renewal of an SIT certificate, the board shall require a certificate holder to successfully complete eight hours of continuing professional education courses per year and compliance with Chapter 664 of this title, relating to Continuing Education.
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, 2007.
TRD-200703647
Sandy Smith
Executive Director
Texas Board of Professional Land Surveying
Earliest possible date of adoption: September 30, 2007
For further information, please call: (512) 239-5263