22 TAC §623.14
The Board of Tax Professional Examiners proposes an amendment
to §623.14, Certification and Recertification: General. This amendment
adjust time requirements for retakes of failed board examination.
Mr. David E. Montoya, Executive Director of the Board of Tax Professional
Examiners, has determined that for the first five year period in which the
proposed rule is in effect, there will be no fiscal implications for state
or local government as a result of enforcing or administering this section.
Mr. Montoya has also determined that for the first five-year period in
which the proposed rule is in effect, the proposed new sections will not have
an adverse economic effect on small businesses because the amended section
of these rules impose no additional burden on anyone. There is no anticipated
economic cost to persons who are required to comply with this rule as proposed.
Mr. Montoya has determined that for the first five-year period in which
the proposed rule is in effect, the anticipated public benefit is better qualified
property tax professionals in the state by ensuring sufficient time is provided
between a examination which was failed and examination re-take to facilitate
a thorough review for the retake.
The probable economic cost to persons required to comply with the amendment
will be zero because the amendment merely provides more time between examination.
The Board requests comments on the substance and effect of the proposed
amendment from any interested person. Comments must be received at the Board
no later than noon on March 20, 2002. Comments should be addressed to David
E. Montoya, Executive Director, Texas State Board of Tax Professional Examiners,
333 Guadalupe, Tower II, Suite 520, Austin, Texas 78701 or faxed to his attention
at (512) 305-7304.
The Board specifically invites comments from the public on the issues of
whether or not the proposed amendment will have an adverse economic effect
on small business; if the amendment is believed to have such an effect, then
how may the Board legally and feasibly reduce that effect considering the
purpose of the statute under which the amendment is to be adopted; and if
the amendment is believed to have such an effect.
The amendment is proposed under the authority of Texas Civil
Statutes Art 8885 Property Taxation Professional Certification Act, which
provide the Board of Tax Professional Examiners with the authority to promulgate
rules consistent with the Statute.
No other article, statute or code is affected by this proposed amendment.
§623.14. Certification and Recertification: General
(a) - (d)
(No change.)
(e)
Reexamination of registrants shall be permitted as listed
in paragraphs (1)-(4) of this subsection. All reexaminations shall be on application
of the registrant.
(1)
Class III examination (appraisal) of Class III examination
(assessing/collecting). A registrant who fails the first time must be reexamined
within
120
[
90
] days of the date of the examination.
A registrant who
does not pass the Class III examination within four
years of their initial application date,
[
fails the second time,
] or does not retake the examination
within the prescribed time
period
, shall have the registration cancelled and may apply for reregistration
two years after the date of the last failure.
(2)
Class III examination (collections). This is a certification
examination for the collections field. A registrant who fails the first time
must be reexamined within
120
[
90
] days of the date
of the examination. A registrant who fails the second time must be reexamined
within
120
[
60
] days of the date of the second examination.
A registrant who fails the third time or who fails to take the second or third
examination shall have the registration cancelled and may apply for reregistration
two years after the date of the last failure.
(3)
(No change).
(f) - (i)
(No Change).
(j)
All examinations shall be proctored by the executive director
or designee
[
and by a member of the board designated by the board
chairman when required by board policies
].
(k)
(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 5, 2002.
TRD-200201358
David E. Montoya
Executive Director
Board of Tax Professional Examiners
Earliest possible date of adoption: April 21, 2002
For further information, please call: (512) 305-7300