Part 3. TEXAS BOARD OF CHIROPRACTIC EXAMINERS
Chapter 73. LICENSES AND RENEWALS
The Texas Board of Chiropractic Examiners (TBCE) proposes an amendment to §73.3 relating to continuing education to increase the number of continuing education credit hours that a licensee who serves as an examiner for the National Board of Chiropractic Examiners' (NBCE) Part IV Examination may receive for this activity from a maximum of two (2) hours each year to a maximum of eight (8) hours each year.
The action is proposed to increase the continuing education credit hours awarded for this activity in recognition of the fact that licensees who serve as examiners for the NBCE Part IV Examination work in excess of eight hours at each session.
Glenn Parker, Executive Director, has determined that for the first five year period the amended rule is in effect there will be no fiscal impact for local government as a result of enforcing or administering the rule. There will be no cost to the general public. There will be no costs to small or micro-businesses or individuals associated with this rule amendment. There will be no financial impact on state revenues or expenditures.
In addition, Mr. Parker has determined that for the first five year period the rule is in effect the public benefit will be that the testing process for candidates will be strengthened as more licensees will be encouraged to volunteer to participate as examiners for the Part IV of the national examinations. The licensees will gain increased knowledge of the testing process and will be able to contribute suggestions for improvements.
Comments on the proposed amendment may be submitted in writing within 30 days after the publication of the proposal in the Texas Register to Glenn Parker, Executive Director, Texas Board of Chiropractic Examiners, 333 Guadalupe, Suite 3-825, Austin, Texas 78701.
The amendment is proposed under the Texas Occupations Code §201.152 which provides the Texas Board of Chiropractic Examiners with the authority to adopt rules as necessary to perform the board's duties and to regulate the practice of chiropractic, and under Texas Occupations Code §201.356 which provides the Board with the authority to adopt requirements for mandatory continuing education.
No other code, article, or statute is affected by this proposed amendment.
§73.3.Continuing Education.
(a) (No change.)
(b) Requirements.
(1) (No change.)
(2) The 16 hours of continuing education may be completed at
any course or seminar elected by the licensee, which has been approved under §73.7
of this title (relating to Approved Continuing Education Courses). However,
a licensee must attend any course designated as a "TBCE Required Course,"
and the course may be counted as part of the 16 hour requirement. A licensee
who serves as an examiner for the National
Board of Chiropractic Examiners' [Boards'
] Part IV Examination may receive credit for this activity, not to exceed
eight (8) [two] hours each year.
No more than six hours of credit may be obtained through online courses.
(3) - (5) (No change.)
(c) - (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 March 19, 2007.
TRD-200701050
Glenn Parker
Executive Director
Texas Board of Chiropractic Examiners
Earliest possible date of adoption: April 29, 2007
For further information, please call: (512) 305-6901
Chapter 153. RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT
22 TAC §§153.1, 153.3, 153.7 - 153.9, 153.11, 153.15, 153.16, 153.19 - 153.22, 153.24, 153.27, 153.37
The Texas Appraiser Licensing and Certification Board proposes amendments to §§153.1, 153.3, 153.7 - 153.9, 153.11, 153.15, 153.16, 153.19 - 153.22, 153.24, 153.27 and 153.37.
Section 153.1 amends the definition of an appraiser trainee to reflect the new language recently approved in §153.21 regarding authorized supervisors.
Sections 153 3, 153.7, 153.16, and 153.24, replace outdated statutory references with the correct statutory references.
Section 153.8 clarify the scope of work of an appraiser trainee to reflect the new language recently approved in §153.21 regarding authorized supervisors.
Section 153.9 clarify the language in the certification section of the application and update the application format style. An additional proposed amendment to §153.9 require the original signatures of the applicant and sponsor, and clarify that affidavits cannot be executed more than 30 days before receipt of an application.
Section 153.11 would limit the number of times an applicant is permitted to take an examination to four times during a twelve month period.
Section 153.15 clarify the rule regarding experience so it is consistent with the Appraiser Qualifications Board criteria and clarify that a log and affidavit are required with an application as mandated by the Appraisal Subcommittee. An additional proposed amendment to §153.15 adds language to the rule that provide a procedure for how appraisal experience audits shall be conducted by staff.
Section 153.19 clarify the grounds for which an applicant who has been convicted of an criminal offense may have an application denied or a license or certification revoked. The amendments also clarify the factors that should be considered when evaluating applicants or licensees with criminal records.
Section 153.20 clarify the type of conduct that could result in disciplinary action or denial of an application.
Section 153.21 clarify that the sponsoring certified appraiser, appraiser trainee and any authorized supervisor must reside in Texas and adds language for the adoption of the Notice of Designation of Authorized Supervisor form to facilitate the provisions of §153.21.
Section 153.22 clarify that applicants must comply with the board rules and statutory provisions related to their pending application.
Section 153.27 adds language to require a reciprocity applicant to reside in the state from which the applicant is basing their reciprocity application.
Section 153.37 adds language clarifying the process for referring criminal matters to the appropriate law enforcement agency.
Wayne Thorburn, 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 as a result of enforcing or administering the rules.
Mr. Thorburn also has determined that for each year of the first five years the amendments are in effect, the anticipated public benefit as a result of these amendments is that they clarify and strengthen the application process, make them consistent with the Appraiser Qualifications Board Criteria for certified or licensed appraisers; provide protection to the consumer of real estate appraisal services, and replace antiquated language with up to date and clear language. 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 Wayne Thorburn, Commissioner, 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.
§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) - (8) (No change.)
(9) Appraiser trainee--A person approved by the Texas Appraiser Licensing and Certification Board to perform appraisals or appraiser services under the active, personal and diligent supervision and direction of the sponsoring certified appraiser. In addition an appraiser trainee may perform appraisals or appraiser services under the active, personal and diligent supervision of an authorized supervisor as further detailed in this chapter.
(10) - (56) (No change.)
§153.3.The Board.
(a) The board shall meet in Austin in February of each year
and at such other times and places as it deems necessary to discharge the
responsibilities of the board. Meetings of the board are subject to the Texas
Open Meetings Act, Tex. Gov. Code §551.001 et.seq. [
Texas Civil Statutes, Article 6252-17.]
(b) - (f) (No change.)
§153.7.Categories of Appraiser Certification and Licensing.
(a) - (c) (No change.)
(d) There is hereby created the category of provisional licensed
real estate appraiser. To be eligible for a provisional license, an applicant
must meet the requirements as specified in the Act, Tex. Occ. Code §1103.208, [§9A,] and by §153.16 of this title (relating to Provisional License).
(e) (No change.)
§153.8.Scope of Practice.
(a) - (d) (No change.)
(e) Appraiser Trainees:
(1) may appraise those properties, under the active, personal
and diligent supervision of their sponsoring certified appraiser, which the
supervising certified appraiser sponsor is permitted to appraise; [
and]
(2) may perform appraisal or appraiser services under the active, personal and diligent supervision of an authorized supervisor as detailed in §153.21 of this title (relating to Appraiser Trainees and Sponsors); and
(3)
[
(2)
] shall be subject to the USPAP
in effect at the time of the appraisal.
§153.9.Applications.
(a) (No change.)
(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) Application for Appraiser Certification or Licensing, TALCB
Form ACL 1-0 (2/07) [(06)];
(2) Application for Provisional Appraiser License, TALCB Form
APL 2-0 (2/07) [(06)];
(3) Affidavit Declining Sponsorship, TALCB Form ADS 2A-0
(2/07) [(804)];
(4) Application for Approval as an Appraiser Trainee, TALCB
Form AAT 3-0 (2/07) [(06)];
(5) Supplement to Application for Appraiser Certification or
Licensing by Reciprocity, TALCB Form ACR 4-0
(2/07) [(06)];
(6) Temporary Non-Resident Appraiser Registration, TALCB Form
TRN 5-0 (2/07) [(06)];
(7) Extension of Non-Resident Temporary Practice Registration,
TALCB Form NRE 5E-0 (2/07) [(804)];
(8) Appraiser Experience Affidavit, TALCB Form AEA 6-0
(2/07) [(804)];
(9) Appraiser Experience Log, TALCB Form AEL 7-0
(2/07) [(804)];
(10) Addition or Termination of Appraiser Trainee Sponsorship,
TALCB Form TAT 8-0 (2/07) [(804)];
(11) Change of Office Address, TALCB Form COA 9-0
(2/07) [(804)];
(12) Request for Course Approval and Renewal, TALCB Form CAR
10.0 (2/07) [(804)];
(13) Extension Request Form (For Residential/General Certified and State Licensed Appraisers) (2/07);
(14) Extension Request Form for Provisional Licensee (2/07);
(15) Request for Inactive Status Form (For Currently Certified or State Licensed Appraisers) (2/07);
(16) Request for Active Status Form (2/07); [and]
(17) Appraisal Experience Explanation, TALCB Form AEE 6A-0 (2/07) and
[(804).]
(18) Notice of Designation of Authorized Supervisor; TALCB Form NDAS 12.9 (2/07).
(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. An applicant who submits documents in connection with an application which require the signature of the applicant or a sponsor must submit the true and correct original of that document and may not submit a copy n lieu of the original.
(d) - (h) (No change.)
(i) All affidavits submitted in conjunction with an application shall have been executed no earlier than 30 days prior to the date of receipt of the application by the Board.
§153.11.Examinations.
(a) - (b) (No change.)
(c) If an applicant fails the examination, the applicant must apply to take the examination again and pay the appropriate fee within one year from the original application. Applicants may not take the examination more than four times during any one twelve month period of eligibility. If the applicant has not satisfied all examination requirements within one year from the time the board accepted an application for filing, the application is terminated and a new application is required.
(d) - (i) (No change.)
§153.15.Experience Required for Certification or Licensing.
(a) - (c) (No change.)
(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. 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
satisfying the applicable experience requirement. [
the completion of 1,000 hours of credit each year.
] Experience credit may be awarded for:
(1) - (7) (No change.)
(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 Log with an accompanying Appraisal Experience Affidavit.
(2) - (5) (No change.)
(6) Once all requested documentation has been received from an applicant who is subject to verification of acceptable experience, this material shall be transmitted on a rotating basis to an investigator who shall review the submitted documentation and verify whether the submitted documentation satisfies the required experience.
(7) The investigator shall issue a written determination indicating whether the applicant selected for verification has satisfied the experience requirements, and forward it to the board staff for appropriate action.
(8) Reasons why an applicant may fail to satisfy experience requirements include:
(A) Claiming experience for a period during which the applicant did not hold a license or certification to conduct real estate appraisal activities;
(B) Failing to meet the minimum number of experience hours over the requisite time period;
(C) Making any false, misleading or fraudulent statement in conjunction with the experience verification process;
(D) Falsifying any signature or notarization in conjunction with the experience verification process;
(E) Claiming experience hours in excess of those reasonable and appropriate for completing a particular assignment;
(F) Claiming experience for appraisal activities which fall outside of the applicant's scope of practice;
(G) Claiming experience for appraisal activities which were performed by the applicant as a trainee with someone other than that applicant's sponsor or properly designated authorized supervisor;
(H) Claiming experience which the applicant is unable to produce verifiable documentation of, including any work file documentation which may be requested by the board;
(I) Claiming experience which fails to adhere to the Uniform Standards of Professional Appraisal Practice;
(J) Claiming experience gained in violation of state or federal law;
(K) Any other deficiency in the claimed experience which the board in its discretion determines warrants denying the claimed experience.
(9) Upon determination that an applicant has failed to satisfy the experience verification, that person's application shall be denied for failing to satisfy the experience requirements for the particular license or certification they are applying for. The board shall notify that applicant in writing of the decision and briefly explain the basis for the decision.
(10) Notice of the application denial shall be forwarded to the applicant in the manner provided for by §157.7 of this title (relating to Denial of a License) and the same provisions governing application denials shall apply.
(f) (No change.)
§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), after making a diligent
and good faith search, 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, Tex. Occ. Code §1103.254. [§10.]
(b) - (c) (No change.)
(d) An applicant under this section who passes the state licensed
real estate appraiser examination required under the Act,
Tex. Occ. Code §1103.254,
[
§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) - (f) (No change.)
§153.19.Licensing and Certification for Persons with Criminal Histories.
(a) (No change.)
(b) The [As provided in Texas Civil Statutes,
Article 6252-13c, the
] board may suspend or revoke an existing valid
license or certification, disqualify an individual from receiving a license
or certification, [or
] deny to a person the opportunity to be examined
for a license or certification
or deny any application for a license
or certification, if the person has been convicted of a felony, had their
felony probation revoked, had their parole revoked or had their mandatory
supervision revoked. Any such action shall be made after consideration of
the factors detailed in subsections (e) and (f) of this section. Notwithstanding
the provisions of this section, the board shall suspend or revoke an existing
valid license or certification, disqualify a person from receiving a license
or certification, deny a person the opportunity to be examined for a license
or certification or deny any application for a license or certification if
the person has been convicted of a felony [because of a person's
conviction of a felony or] or misdemeanor if the crime directly relates
to the duties and responsibilities of the licensed or certified occupation.
The board shall revoke the license or certification, or authorization as an
appraiser trainee, or non-resident temporary practice registration of an individual
upon his felony conviction, felony probation revocation, revocation of parole,
or revocation of mandatory supervision.
(c) - (d) (No change.)
(e) In [addition to the factors that may be considered
under subsection (b) of this section, the board, in] determining the
present fitness of a person who has been convicted of a felony under
this section, the board [crime,] shall consider the following
evidence:
(1) - (6) (No change.)
(f) (No change.)
§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) - (13) (No change.)
(14) has had a final civil judgement entered against him or
her on any one of the following grounds; [grounds of]
(A)
fraud; [or]
(B)
intentional or knowing mispresentation;
[willful or]
(C) grossly negligent misrepresentation in the making of real estate appraiser services;
(15) - (23) (No change.)
(b) - (i) (No change.)
§153.21.Appraiser Trainees and Sponsors.
(a) - (e) (No change.)
(f)
The
[
Both the
] sponsoring certified
appraiser
,
[
and
] any authorized supervisor
and
[as well as
] the appraiser trainee must reside in this state.
(g) - (h) (No change.)
(i) Certified appraisers may sponsor no more than three trainees at one time. Notification of sponsorship of an appraiser trainee must be provided in writing to the board on a form prescribed by the board with the appropriate fee prior to the assumption of sponsorship. Termination of sponsorship of an appraiser trainee must be provided in writing to the board on a form prescribed by the board with the appropriate fee prior to the release from sponsorship. A sponsor may designate another certified appraiser to serve as an authorized supervisor on specific appraisal projects for which state authorization is required. An authorized supervisor assumes the same responsibilities as a sponsor when supervising the work of an appraiser trainee. The board adopts by reference the following form which is published and available from the board and shall be completed and submitted by a sponsor, trainee or authorized supervisor in accordance with this subsection: Notice of Designation of Authorized Supervisor.
(j) - (k) (No change.)
§153.22.License Holder's Responsibility to the Board.
(a) A certified or licensed appraiser, appraiser trainee, non-resident
temporary practice registrant,
or any
applicant [
for renewal
] is subject to all provisions of the Act and board rules and shall,
within 20 days of notice to said individual's address of record, unless granted
a written extension by the board, answer all inquiries concerning matters
under the jurisdiction of the board, and shall fully comply with final decisions
and orders of the board.
(b) (No change.)
§153.24.Processing a Complaint.
(a) - (b) (No change.)
(c) If the Board's staff concludes, after completion of the
written investigative report provided for in
Tex. Occ. Code
§1103.455,
[Occupations Code,
] that the complaint is outside the jurisdiction
of the board or is without merit, the Board's staff may recommend to the commissioner
that the investigation be closed and that the complaint be dismissed. If the
commissioner concurs with the recommendation, the complainant will be so notified
and the investigation will be closed. The Board's staff shall write a dismissal
explanation for the dismissed complaint and close the file.
(d) (No change.)
§153.27.Certification and Licensure by Reciprocity.
(a) - (h) (No change.)
(i) An applicant for certification or licensure by reciprocity must be a resident of the state where the applicant holds the certification or license upon which the applicant's reciprocity application is based.
§153.37.Offenses with Criminal, Civil, and Administrative Penalties.
(a) - (e) (No change.)
(f) The board's attorney, in matters determined to involve criminal conduct may be referred to the appropriate state or federal law enforcement agency or prosecutorial authority for criminal investigation and prosecution. Regardless of whether a referral is made for investigation and prosecution, the matter shall be fully and appropriately investigated by the board's investigators and after completing such an investigation appropriate disciplinary action shall be taken by the board.
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 March 12, 2007.
TRD-200700949
Wayne Thorburn
Commissioner
Texas Appraiser Licensing and Certification Board
Earliest possible date of adoption: April 29, 2007
For further information, please call: (512) 465-3959