Part 3.
TEXAS BOARD OF CHIROPRACTIC EXAMINERS
Chapter 75.
RULES OF PRACTICE
22 TAC §75.13
The Texas Board of Chiropractic Examiners proposes to amend §75.13(b),
relating to disciplinary records and reportable actions. The proposal allows
the expungement, after one year, of records relating to assessments of administrative
penalties for facility violations of operating a facility with no license
or with an expired license, under the same conditions imposed on expungement
of records relating to the other listed types of disciplinary actions. Under
the proposal, one time violators will be given an opportunity to maintain
a good record by the expungement procedure. The proposal would allow expungement
of records relating to these violations for those facilities who, after such
disciplinary action, maintain a good record with the board by timely renewing
their facility license. This type of violation generally does not impose a
safety risk to patients to the same degree as other violations, such as practicing
chiropractic without a license or lack of due diligence. Accordingly, the
board need not maintain records of such violations as long as it does on more
serious, safety-related violations. On the other hand, the public is entitled
to know and the board needs to maintain a data bank on facilities that habitually
violate board rules, including those relating to licensing. The limitations
imposed on expungement of this type of violation are sufficient to protect
the public and the board's interest in information on facilities that have
been disciplined.
Sandra Smith, Executive Director, has determined that for the first five-year
period the section as amended is in effect, there will be no fiscal implications
for state or local government as a result of enforcing or administering the
section as amended.
Ms. Smith has also determined that for each year of the first five years,
the section as amended is in effect, the public benefit anticipated as a result
of enforcing and administering the proposed amendment, will be that records
that the board no longer has a use or purpose for keeping will be removed,
consistent with state law on records management. For the same period, there
is no anticipated adverse economic effect on small or micro businesses, or
anticipated economic cost to persons who are required to comply with the amendment
as proposed.
Written comments may be submitted, no later than 30 days from the date
of this publication, to Misty Whitcomb, Rules Committee, Texas Board of Chiropractic
Examiners, 333 Guadalupe, Tower III, Suite 825, Austin, Texas 78701.
The amendment is proposed under the Occupations Code §201.152,
which the board interprets as authorizing it to adopt rules necessary for
the performance of its duties, the regulation of the practice of chiropractic,
and the enforcement of the Chiropractic Act, and §201.156(c), which the
board interprets as requiring it to adopt procedures by rule providing for
expungement of files on license holders.
The following are the statutes, articles, or codes affected by the amendments: §75.13(b)--Occupations
Code, §201.152 and §201.156(c)
§75.13.Disciplinary Records and Reportable Actions.
(a)
Information concerning licensure status for all licensees
of the board is entered in a license database. The entry in the license database
for a licensee who has been disciplined will be annotated that a disciplinary
action has occurred. In responding to licensure status requests, the board
will report whether a licensee has been disciplined by the board.
(b)
The board, upon written request from a licensee, will remove
such annotations from the database and its other records if the discipline
imposed falls into any category listed in paragraphs (1)-(2) of this subsection.
Licensees having more than one disciplinary action do not qualify for removal
of the annotations.
(1)
Disciplinary action in which a reprimand was issued:
(A)
the effective date of the board order is at least three
years past;
(B)
the licensee has had no subsequent disciplinary action;
(C)
the licensee has had no disciplinary proceeding pending;
and
(D)
the licensee currently
is
[
(2)
Disciplinary action in which a "suspension, all probated"
order was issued:
(A)
the effective date of the board order is at least seven
years past;
(B)
the "suspension, all probated" order did not involve action
based upon either fraud or conviction of a criminal act;
(C)
the licensee has had no subsequent disciplinary action;
(D)
the licensee has no disciplinary proceeding pending; and
(E)
the licensee currently is not under investigation by the
board.
(3)
Disciplinary action in which an administrative
penalty was imposed against a facility for operating a facility without a
facility license or with an expired license:
(A)
the effective date of the board order is at least one year
past;
(B)
the facility has had no subsequent disciplinary action
for the same violation;
(C)
the facility has had no disciplinary proceeding pending;
and
(D)
the facility currently is not under investigation by the
board.
(c)
The enforcement committee shall review a request and may
ask for additional information from the licensee to evaluate the request.
(d)
Upon a determination by the enforcement committee that
the licensee meets all requirements of this section, the committee shall recommend
that the board either grant or deny the request. The committee shall provide
its reasons to the board for the recommendation.
(e)
Should the board grant the request, the annotation of disciplinary
action for a licensee and other files relating to that disciplinary action
will be removed from the board's records pursuant to the board's records retention
schedule.
(f)
The board will notify the licensee in writing of its decision
within a reasonable period of time.
(g)
The board may remove from its records after three years
from the date of closure any complaint which did not result in disciplinary
action by the board as provided by the board's records retention schedule.
(h)
The removal of disciplinary records under this section
is within the sole discretion of the board. Its decision is final and is not
subject to judicial review.
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 July 9, 2003.
TRD-200304154
Sandra Smith
Executive Director
Texas Board of Chiropractic Examiners
Earliest possible date of adoption: August 24, 2003
For further information, please call: (512) 305-6709
Chapter 101.
DENTAL LICENSURE
22 TAC §101.7
The Texas State Board of Dental Examiners (Board) proposes
amendments to §101.7, concerning dental licensure. The amendment provides
that applicants for dental licensure by credentials must have practiced dentistry
for a minimum of three years out of the five years immediately preceding application
to the Board. Senate Bill 263, 78th Legislature amends the requirements for
licensure of dentists by credentials.
Mr. Bobby D. Schmidt, Executive Director, Texas State Board of Dental Examiners
has determined for the first five year period the amended rule is in effect
there will be limited fiscal implications for local or state government as
a result of enforcing or administering the rule.
There is no anticipated economic cost to persons who are required to comply
with the amended section. There is no anticipated local employment impact
as a result of enforcing this amended section.
Mr. Schmidt has determined that for each year of the first five years the
amended rule is in effect, the public benefit anticipated as a result of enforcing
the rule will be the licensure of qualified individuals to practice dentistry
in the state of Texas.
The fiscal implications for small or large businesses will be minimal or
none at all. Therefore, the Board has determined that compliance with the
proposed amended rule will not have an adverse economic impact on small business
when compared to large businesses. The requirement under §101.7 will
impact individuals who make application for licensure by credentials and not
small businesses.
Comments on the proposal may be submitted to Bobby D. Schmidt, M.Ed. Executive
Director, Texas State Board of Dental Examiners, 333 Guadalupe, Tower 3, Suite
800, Austin, Texas 78701, (512) 475-1660. To be considered, all written comments
must be received by the Texas State Board of Dental Examiners no later than
30 days from the date that this amended rule is published in the
Texas Register
.
The amendment is proposed under Texas Government Code §§2001.021
et seq; Texas Civil Statutes, the Occupations Code §254.001 which provides
the Board with the authority to adopt and enforce rules necessary for it to
perform its duties, and Senate Bill 263, §13, 78th Legislature, 2003,
which requires the Board to establish rules for the licensure of dentists
by credentials.
No other statutes, codes, or articles are affected by this proposal.
§101.7.Licensure by Credentials--Dentists.
The State Board of Dental Examiners will license applicants by credentials
upon payment of a fee, in an amount set by the Board, who meet all SBDE and
State of Texas minimum applicant requirements and general licensure qualifications
and all of the following criteria:
(1)-(2)
(No change.)
(3)
Has practiced dentistry:
(A)
For a minimum of
three years out of the
five
years immediately preceding application to the State Board of Dental Examiners;
or
(B)
As a dental educator at a dental or dental hygiene school
accredited Commission on Dental Accreditation of the American Dental Association
for a minimum of five years immediately preceding application to the State
Board of Dental Examiners;
(4)-(14)
(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 July 14, 2003.
TRD-200304221
Bobby D. Schmidt
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: August 24, 2003
For further information, please call: (512) 475-1660
22 TAC §102.1
The Texas State Board of Dental Examiners (Board) proposes
amendments to §102.1, concerning fees. The amendment provides for increases
in the Dentists fee schedule for application for licensure by examination,
annual registration, application for licensure by credentials and reactivation
of a retired license; and the Dental Hygienists fee schedule for application
for licensure by examination, annual registration, application for licensure
by credentials and reactivation of a retired license; and the Dental Laboratories
fee schedule for initial application and annual registration. Senate Bill
263 and House Bill 2985, 78th Legislature amends the required fees for dentists,
dental hygienists and dental laboratories.
Mr. Bobby D. Schmidt, Executive Director, Texas State Board of Dental Examiners
has determined for the first five year period the amended rule is in effect
there will be limited fiscal implications for local or state government as
a result of enforcing or administering the rule.
There is an anticipated economic cost to persons who are required to comply
with the amended section. There is no anticipated local employment impact
as a result of enforcing this amended section.
Mr. Schmidt has determined that for each year of the first five years the
amended rule is in effect, the public benefit anticipated as a result of enforcing
the rule will be the Texas State Board of Examiners will collect the fees
necessary to implement the statutes and be fiscally responsible to the citizens
of the state of Texas.
The fiscal implications for small or large businesses will be minimal or
none at all. Therefore, the Board has determined that compliance with the
proposed amended rule will not have an adverse economic impact on small business
when compared to large businesses. The requirement under §102.1 will
impact individuals who make application for licensure by examination, renew
a license or registration annually, make application for licensure by credentials
or reactivate a retired license and not small businesses.
Comments on the proposal may be submitted to Bobby D. Schmidt, M.Ed. Executive
Director, Texas State Board of Dental Examiners, 333 Guadalupe, Tower 3, Suite
800, Austin, Texas 78701, (512) 475-1660. To be considered, all written comments
must be received by the Texas State Board of Dental Examiners no later than
30 days from the date that this amended rule is published in the
Texas Register
.
The amendment is proposed under Texas Government Code §§2001.021
et seq; Texas Civil Statutes, the Occupations Code §254.001 which provides
the Board with the authority to adopt and enforce rules necessary for it to
perform its duties, and Senate Bill 263, and House Bill 2985, 78th Legislature,
2003, which requires the fees to be adjusted.
No other statutes, codes, or articles are affected by this proposal.
§102.1.Fee Schedule.
(a)
Dentists:
(1)
application for licensure by examination:
(A)
initial application/examination:
$155
[
(B)
initial assessment by the Texas Legislature for deposit
to the General Revenue Fund: $200.
(2)
annual registration:
$111
[
(3)
annual peer assistance: $9.00.
(4)
annual assessment by Texas Legislature for deposit to the
General Revenue Fund: $200.
(5)
application for licensure by credentials:
$2,005
[
(6)
duplicate license: $15.
(7)
duplicate renewal certificate: $15.
(8)
reactivate a retired license:
$50
[
(9)
application for temporary licensure by credentials: $500.
(b)
Dental Hygienists:
(1)
application for licensure by examination:
$75
[
(2)
annual registration:
$66
[
(3)
annual peer assistance: $2.00;
(4)
application for licensure by credentials:
$480
[
(5)
duplicate license: $15;
(6)
duplicate renewal certificate: $15; and
(7)
reactivate a retired license:
$50
[
(8)
application for temporary licensure by credentials: $100.
(c)
Dental laboratories:
(1)
initial application:
$105
[
(2)
annual registration:
$101
[
(d)-(h)
(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 July 14, 2003.
TRD-200304246
Bobby D. Schmidt
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: August 24, 2003
For further information, please call: (512) 475-1660
22 TAC §103.2
The Texas State Board of Dental Examiners (Board) proposes
amendments to §103.2, concerning dental hygiene licensure. The amendment
provides that applicants for dental hygiene licensure by credentials must
have practiced dentistry for a minimum of three years out of the five years
immediately preceding application to the Board. Senate Bill 263, 78th Legislature
amends the requirements for licensure of dental hygienists by credentials.
Mr. Bobby D. Schmidt, Executive Director, Texas State Board of Dental Examiners
has determined for the first five year period the amended rule is in effect
there will be limited fiscal implications for local or state government as
a result of enforcing or administering the rule.
There is no anticipated economic cost to persons who are required to comply
with the amended section. There is no anticipated local employment impact
as a result of enforcing this amended section.
Mr. Schmidt has determined that for each year of the first five years the
amended rule is in effect, the public benefit anticipated as a result of enforcing
the rule will be the licensure of qualified individuals to practice dentistry
in the state of Texas.
The fiscal implications for small or large businesses will be minimal or
none at all. Therefore, the Board has determined that compliance with the
proposed amended rule will not have an adverse economic impact on small business
when compared to large businesses. The requirement under §103.2 will
impact individuals who make application for licensure by credentials and not
small businesses.
Comments on the proposal may be submitted to Bobby D. Schmidt, M.Ed. Executive
Director, Texas State Board of Dental Examiners, 333 Guadalupe, Tower 3, Suite
800, Austin, Texas 78701, (512) 475-1660. To be considered, all written comments
must be received by the Texas State Board of Dental Examiners no later than
30 days from the date that this amended rule is published in the
Texas Register
.
The amendment is proposed under Texas Government Code §§2001.021
et seq; Texas Civil Statutes, the Occupations Code §254.001 which provides
the Board with the authority to adopt and enforce rules necessary for it to
perform its duties, and Senate Bill 263, §13, 78th Legislature, 2003,
which requires the Board to establish rules for the licensure of dental hygienists
by credentials.
No other statutes, codes, or articles are affected by this proposal.
§103.2.Licensure by Credentials, Dental Hygienists.
The State Board of Dental Examiners will license dental hygiene applicants
by credentials upon payment of a fee, in an amount set by the Board, who meet
all SBDE and State of Texas minimum applicant requirements and general licensure
qualifications and all of the following criteria:
(1)-(2)
(No change.)
(3)
Has practiced dentistry:
(A)
For a minimum of three years
out of the five years
that
immediately
precede the
[
(B)
As a dental educator at a dental or dental hygiene school
accredited Commission on Dental Accreditation of the American Dental Association
for a minimum of five years immediately preceding application to the State
Board of Dental Examiners;
(4)-(15)
(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 July 14, 2003.
TRD-200304250
Bobby D. Schmidt
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: August 24, 2003
For further information, please call: (512) 475-1660
22 TAC §104.3
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the State Board of Dental Examiners or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas State Board of Dental Examiners (Board)
proposes to repeal §104.3, concerning the retired status of a dentist
or dental hygienist license. The section is being repealed in its entirety
due to new procedures in the process of reactivating a retired dentist or
dental hygienist license.
Mr. Bobby D. Schmidt, Executive Director, Texas State Board of Dental Examiners
has determined for the first five year period the repeal is in effect there
will be no limited fiscal implications for local or state government as a
result of enforcing or administering the rule.
There is no anticipated economic cost to persons who are required to comply
with the repeal. There is no anticipated local employment impact as a result
of enforcing this repeal.
Mr. Schmidt has determined that for each year of the first five years the
repeal is in effect, the public benefit anticipated as a result of enforcing
the rule will be the licensure of qualified individuals to practice dentistry
in the state of Texas.
The fiscal implications for small or large businesses will be minimal or
none at all. Therefore, the Board has determined that compliance with the
proposed repeal will not have an adverse economic impact on small business
when compared to large businesses. The requirement under §104.3 will
impact individuals who make application for reactivation of a dentist or dental
hygienist license and not small businesses.
Comments on the proposal may be submitted to Bobby D. Schmidt, M.Ed. Executive
Director, Texas State Board of Dental Examiners, 333 Guadalupe, Tower 3, Suite
800, Austin, Texas 78701, (512) 475-1660. To be considered, all written comments
must be received by the Texas State Board of Dental Examiners no later than
30 days from the date that this rule is published in the
Texas Register
.
The repeal is proposed under Texas Government Code §§2001.021
et seq; Texas Civil Statutes, the Occupations Code §254.001 which provides
the Board with the authority to adopt and enforce rules necessary for it to
perform its duties.
No other statutes, codes, or articles are affected by this proposal.
§104.3.Retired Status.
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 July 14, 2003.
TRD-200304249
Bobby D. Schmidt
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: August 24, 2003
For further information, please call: (512) 475-1660
Chapter 153.
RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT
22 TAC §153.1
The Texas Appraiser Licensing and Certification Board proposes
an amendment to §153.1, Definitions. A definition is proposed for the
phrase "inactive certificate or license" and other definitions will be renumbered
as necessary. A concurrent proposed submission for a new §153.23, Inactive
Certificate or License, included the phrase which will need definition. New §153.23,
Inactive Certificate or License, is necessary to implement provisions of Senate
Bill 1013, 78th Legislature, Regular Session, which amended the Texas Appraiser
Licensing and Certification Act (Chapter 1103, Occupations Code). The proposed
amendment will also update the definition of "Provisional License," referencing §1103.208
of the Occupations Code, rather than the previous reference of §9A of
the Act in Vernon's Texas Civil Statutes.
Renil C. Linér, Commissioner, Texas Appraiser Licensing and Certification
Board, has determined that for the first five-year period the section is in
effect there will be no fiscal implications for state or local government
as a result of enforcing or administering the rule.
Mr. Linér also has determined that for each year of the first five
years the section is in effect the public benefit anticipated as a result
of these changes will be to have a definition of a term used in the agency's
rules. There will be no effect on small businesses. There is no anticipated
economic cost to persons who are required to comply with the section 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 amendment is 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.
Section 1103.003, Definitions, §1103.151, Rules Relating to Certificates
and Licenses, §1103.152, Appraiser Certificate and License Categories, §1101.153,
Rules Relating to Continuing Education, will be affected by the proposal,
and §1103.208, Provisional License for Certain Appraiser Trainees. After
September 1, 2003, the effective date of Senate Bill 1013, §1103.212,
Extension of Time to Complete Required Continuing Education, and §1103.213,
Inactive Certificate or License will also be affected.
§151.1.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise:
(1) - (27)
(No change.)
(28)
Inactive certificate or license--A general
certification, residential certification, or state license which has been
placed on inactive status by the board.
(29)
[
(30)
[
(31)
[
(32)
[
(33)
[
(34)
[
(35)
[
(36)
[
(37)
[
(38)
[
(39)
[
(40)
[
(41)
[
(42)
[
(43)
[
(44)
[
(45)
[
(46)
[
(47)
[
(48)
[
(49)
[
(50)
[
(51)
[
(52)
[
(53)
[
(54)
[
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 July 10, 2003.
TRD-200304177
Renil C. Linér
Commissioner
Texas Appraiser Licensing and Certification Board
Earliest possible date of adoption: August 24, 2003
For further information, please call: (512) 465-3950
22 TAC §153.5
The Texas Appraiser Licensing and Certification Board proposes
an amendment to §153.5, Fees. The proposed amendment is necessary to
implement provisions of Senate Bill 1013, 78th Legislature, Regular Session,
which amended the Texas Appraiser Licensing and Certification Act (Chapter
1103, Occupations Code). The proposed amendments would set a $200 fee for
an extension of time to complete continuing education, a $50 fee to be placed
on inactive status, and a $50 fee for returning to active status. Additionally
it would re-word and clarify the on-line renewal fee, and remove dated and
unnecessary language concerning the annual national registry fee.
Renil C. Linér, Commissioner, Texas Appraiser Licensing and Certification
Board, has determined that for the first five-year period the section is in
effect there will be no fiscal implications for state or local government
as a result of enforcing or administering the rule.
Mr. Linér also has determined that for each year of the first five
years the section is in effect the public benefit anticipated as a result
of these changes will be to permit the agency to collect fees to enable licensees
to extend the time for completing continuing education, to become "inactive"
and to regain active status again. There will be no effect on small businesses.
The anticipated economic cost to persons who are required to comply with the
section as proposed is a $200 fee for an extension of time to complete continuing
education, a $50 fee to be placed on inactive status, and a $50 fee to return
to active status.
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 amendment is 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.
Section 1103.156, Fees; §1103.211, Certificate or License Renewal,
Continuing Education; §1103.151, Rules Relating to Certificates and Licenses; §1101.153,
Rules Relating to Continuing Education, will be affected by the proposal.
After September 1, 2003, the effective date of Senate Bill 1013; §1102.212,
Extension of Time to Complete Required Continuing Education; and §1103.213,
Inactive Certificate or License, will also be affected.
§153.5.Fees.
(a)
The board shall charge and the commissioner shall collect
the following fees:
(1) - (9)
(No change.)
(10)
a fee for a returned check equal to that charged for a
returned check by the Texas Real Estate Commission; [
(11)
an
on-line subscription
[
(12)
a fee for an extension of
time to complete required continuing education of $200;
(13)
a fee to request a certificate
or license be placed on inactive status of $50; and
(14)
a fee to request a return
to active status of $50.
(b)
Fees must be submitted in U.S. currency or funds payable
to the order of the Texas Appraiser Licensing and Certification Board. Fees
are not refundable once an application has been accepted for filing. Persons
who have submitted a check which has been returned, and who have not made
good on that check within thirty days, for whatever reason, shall submit all
future fees in the form of a cashier's check or money order.
(c)
Appraisers certified or licensed by the board shall pay
an annual registry fee required under federal law
.
[
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 July 10, 2003.
TRD-200304178
Renil C. Linér
Commissioner
Texas Appraiser Licensing and Certification Board
Earliest possible date of adoption: August 24, 2003
For further information, please call: (512) 465-3950
22 TAC §153.13
The Texas Appraiser Licensing and Certification Board proposes
an amendment to §153.13, Educational Requirements. The proposed amendment
would increase the time period of prior approval of courses from two years
to five years as specified in §153.13(h)(4).
Renil C. Linér, Commissioner, Texas Appraiser Licensing and Certification
Board, has determined that for the first five-year period the section is in
effect there will be no fiscal implications for state or local government
as a result of enforcing or administering the rule.
Mr. Linér also has determined that for each year of the first five
years the section is in effect the public benefit anticipated as a result
of these changes will be to eliminate unnecessary paperwork for resubmitting
courses for prior approval. There will be no effect on small businesses. The
anticipated economic cost to persons who are required to comply with the section
as proposed is a reduction in their costs since they will only need to resubmit
courses for approval every five years instead of every two years.
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 amendment is 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.
Section 1103.204, Fulfillment of Education Requirements; and §1103.211,
Certificate or License Renewal, Continuing Education; will be affected by
the proposal.
§153.13.Educational Requirements.
(a) - (g)
(No change.)
(h)
Course providers may obtain prior approval of a course
by filing forms prescribed by the board and submitting the following items
listed in paragraphs (1) -
(4)
[
(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; [
(3)
sample course completion certificate or other evidence
of successful completion of the course;
and
(4)
such prior approval of courses will remain in effect for
a period of
five
[
(i) - (n)
(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 July 11, 2003.
TRD-200304179
Renil C. Linér
Commissioner
Texas Appraiser Licensing and Certification Board
Earliest possible date of adoption: August 24, 2003
For further information, please call: (512) 465-3950
22 TAC §153.17
The Texas Appraiser Licensing and Certification Board proposes
amendments to §153.17, Renewal or Extension of Certification and License
or Renewal of Trainee Approval. The proposed amendments would implement provisions
of Senate Bill 1013, 78th Legislature, Regular Session, which amended the
Texas Appraiser Licensing and Certification Act (Chapter 1103, Occupations
Code). The proposed amendments provide for a 60 day extension of time to complete
appraiser continuing education requirements for renewal for an additional
fee of $200. There would be some restrictions during the extension period.
The proposals would effect the General Certification, Residential Certification,
State License, and Provisional License classifications. The amendments would
also reorganize, reorder, and clarify the section including separating the
Certified and Licensed categories and the Appraiser Trainee category.
Renil C. Linér, Commissioner, Texas Appraiser Licensing and Certification
Board, has determined that for the first five-year period the amended section
is in effect there will be no fiscal implications for state or local government
as a result of enforcing or administering the rule.
Mr. Linér also has determined that for each year of the first five
years the amended section is in effect the public benefit anticipated as a
result of the changes will be to allow appraisers additional time to complete
renewal requirements without their certificates or licenses expiring. The
appraisers could continue to appraise property for various financial institutions
and others, with restrictions. There will be no effect on small businesses.
The anticipated economic cost to persons who are required to comply with the
section would be an additional $200 fee to request a 60 day extension to meet
required appraiser continuing education for renewal.
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 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.
Section 1103.153, Rules Relating to Continuing Education; §1103.156,
Fees; and §1103.201, Certificate or License Required; will be affected
by the proposal. After September 1, 2003, the implementation date of Senate
Bill 1013, §1103.212, Extension of Time to Complete Required Continuing
Education; and §1103.213, Inactive Certificate or License will be affected
by the proposal
§153.17.Renewal or Extension of Certification and [
(a)
Relating to General Certification, Residential Certification,
State License, and Provisional License.
[
(1)
A license or certification issued by
the board is valid for two years after the date of issuance. A certified or
licensed appraiser may renew the certification or license by timely filing
the prescribed application for renewal, paying the appropriate fees to the
board and satisfying appraiser continuing education requirements, unless on
inactive status, as provided by §153.18 of this title (relating to Appraiser
Continuing Education).
(2)
The board shall mail the prescribed
renewal application form to the appraiser's last known business address at
least 90 days prior to the expiration of the certification or license. It
is the responsibility of the appraiser to apply for renewal, or extension,
in accordance with these sections, and failure to receive a renewal application
from the board does not relieve the appraiser of the responsibility of timely
applying for renewal.
(3)
A certification or license
may be renewed by timely filing a renewal application or timely filing a request
for extension as specified in paragraphs (5) and (6) of this subsection. An
appraiser who does not timely renew or request an extension must reapply for
certification or license 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, 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).
(4)
An ACE Report, on a form prescribed
by the board, must be submitted with each application for renewal. The ACE
Report may be filed electronically by those who are renewing through the TexasOnline
system.
(A)
Knowingly or intentionally furnishing false or misleading
information in connection with the ACE Report filed under this section is
grounds for disciplinary action up to and including revocation of certification
or licensure as provided by §153.20(12) of this title (relating to Guidelines
for Revocation, Suspension or Denial of Licensure or Certification).
(B)
It is the appraiser's responsibility to maintain a record
to document the ACE, which is claimed for the renewal, and the documentation
must be kept in the appraiser's file for 5 years. The documentation must contain
all transcripts or course certificates or continuing education forms applicable
to the courses claimed issued by the course provider(s).
(C)
The board may require verification of acceptable ACE for
any renewal application. The renewing appraiser must submit the documentation
within 20 days after the date of notification. The verification may be obtained
by:
(i)
requiring copies of all transcripts or course certificates
or continuing education forms that were issued by the course provider(s);
and
(ii)
engaging in other investigative research determined to
be appropriate by the board.
(D)
Failure to comply with a request for verification
of ACE documentation is a violation of these rules and may result in revocation
or suspension of certification or licensure and other disciplinary action.
(5)
Provisional licensees must
provide a copy of an appraisal log and affidavit, on forms prescribed by the
board, for the period of licensure being renewed.
(6)
An appraiser renewal application
or extension is acceptable for processing when it is received by the board,
with proper fees, and is postmarked by the U.S. Postal Service, accepted by
an overnight delivery service, or entered electronically into the TexasOnline
system, on or before the expiration date of the certification or license.
(A)
Upon receipt of a complete request for an extension
the board may grant, at the time it issues a certification or license renewal,
an extension of time of up to 60 days after the date of renewal to complete
appraiser continuing education (ACE) required to renew a general certification,
residential certification, state license, or provisional license, provided
the person:
(i)
timely submits the completed Appraiser Renewal Form with
the appropriate renewal fees;
(ii)
completes an Extension Request Form;
(iii)
pays an extension fee of $200;
(iv)
completes the required ACE no later than the
60th day after the date the certification or license is renewed; and
(v)
submits a non-revokable request for inactive
status form with an effective date 60 days after the current renewal date
(which request shall be considered withdrawn if the person successfully completes
the required ACE within the authorized period of the extension).
(B)
ACE courses completed during the 60-day extension
period apply only to the current renewal and may not be applied to any subsequent
renewal of the license or certification.
(C)
A person who has been granted an extension to
complete ACE requirements:
(i)
shall not perform appraisals in a federally
related transaction (FRT) until verification is received by the board that
the ACE requirements have been met;
(ii)
may continue to perform appraisals in non-federally
related transactions (Non-FRT) under the renewed license or certification;
and
(iii)
will have the renewed license or certification
placed in inactive status if satisfactory evidence of meeting the required
ACE requirements has not been completed and received by the board within 60
days of the previous expiration date. The renewed license or certification
will be remain on inactive status by the board until satisfactory evidence
of meeting the ACE requirements has been received by the board and the fee
to return to active status required by §153.5 of this title (relating
to fees) has been paid.
(b)
Relating to Appraiser Trainees.
[
(1)
An appraiser trainee approval
issued by the board is valid for one year after the date of issuance. An appraiser
trainee may renew the trainee approval by timely filing the prescribed application
for renewal, paying the appropriate fees to the board and satisfying education
requirements as provided by §153.18(b) of this title.
(2)
The board shall mail the prescribed
renewal application form to the appraiser trainee's last known business address
at least 90 days prior to the expiration of the approval. It is the responsibility
of the appraiser trainee to apply for renewal, in accordance with these sections.
Failure to receive a renewal application from the board does not relieve the
appraiser trainee of the responsibility of timely applying for renewal.
(3)
An appraiser renewal application
is acceptable for processing when it is received by the board, with proper
fees, and is postmarked by the U.S. Postal Service, accepted by an overnight
delivery service, or entered electronically into the TexasOnline system, on
or before the expiration date of the trainee approval.
(4)
Appraiser trainees must provide
a copy of an appraisal log and appraisal experience affidavits on forms prescribed
by the board, for the period of authorization or approval being renewed.
(5)
An approved appraiser trainee
who does not timely file a renewal application prior to the expiration date
must reapply for approval as an appraiser trainee in accordance with the provisions
of §153.9 of this title.
(6)
With a new application for
approval, the applicant shall also provide satisfactory evidence of completion
of current annual renewal education, as provided by §153.18(b) of this
title, and an appraisal experience log and affidavit as provided by paragraph
(4) of this subsection, that would have been required for a timely renewal
of the previous approval as an appraiser trainee.
(7)
The board does not grant extensions
for meeting education requirements for the appraiser trainee classification.
(c)
Renewal of Licenses or Certification for Servicemen
on Active Duty.
[
(1)
A person previously licensed
or certified by the board under this Act who is on active duty in the United
States armed forces 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)
Did not provide appraisal services when on active
duty;
(B)
provides a copy of official orders or other
documentation acceptable to the board showing that the person was on active
duty during the person's last renewal period;
(C)
applies for the renewal within 90 days after
the person's active duty ends; and
(D)
pays the renewal application fees 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.
(d)
Denial of Licensing and Certification of Persons who
are in Default on Texas Guaranteed Student Loan Corporation (TGSLC) Loans.
[
(1)
Renewals of licenses and certifications
issued by the board are subject to the policies established by the Texas Education
Code, §57.491.
(2)
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.
(3)
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.
[
[
[(2)
It is the appraiser's responsibility to maintain a record
to document the ACE, which is claimed for the renewal, and the documentation
must be kept the appraiser's file for 5 years. The documentation must contain
all transcripts or course certificates or continuing education forms issued
by the course provider(s).]
[
[
[
[
[
[
[
[
[
[
[(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.]
[
[
[
[
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 July 11, 2003.
TRD-200304192
Renil C. Linér
Commissioner
Texas Appraiser Licensing and Certification Board
Earliest possible date of adoption: August 24, 2003
For further information, please call: (512) 465-3950
in
] not
under investigation by the board.
Part 5.
STATE BOARD OF DENTAL EXAMINERS
Chapter 102.
FEES
$150
]; and
$93
].
$2,000
].
$250
].
$70
];
$57
];
$475
];
$250
].
$100
];
and
$100
].
Chapter 103.
DENTAL HYGIENE LICENSURE
preceding
] application
to the State Board of Dental Examiners [
. An applicant has practiced
dental hygiene for three years if he or she has been actively engaged in
practice for at least twenty six weeks in each of the past three years preceding
application
]; or
Chapter 104.
CONTINUING EDUCATION
Part 8.
TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD
(28)
] License--The whole or a part
of any board permit, certificate, approval, registration or similar form of
permission required by law.
(29)
] Licensee--A person certified,
licensed, approved, authorized or registered by the board under the Texas
Appraiser Licensing and Certification Act.
(30)
] Licensing--Includes the board
processes respecting the granting, disapproval, denial, renewal, certification,
revocation, suspension, annulment, withdrawal or amendment of a license.
(31)
] Limited appraisal--An appraisal
in which the departure rule is invoked.
(32)
] Market analysis--A study
of market conditions for a specific type of property.
(33)
] Non-residential real estate
appraisal 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.
(34)
] Nonresidential property--A
property which does not conform to the definition of residential property.
(35)
] Party--The board and each
person or other entity named or admitted as a party.
(36)
] Person--An individual.
(37)
] Personal property--Identifiable
tangible objects and chattels that are considered by the general public as
being "personal," for example, furnishings, artwork, antiques, gems and jewelry
collectibles, machinery and equipment ; all tangible property that is not
classified as real estate.
(38)
] Petitioner--The person or
other entity seeking an advisory ruling, the person petitioning for the adoption
of a rule, or the party seeking affirmative relief in a proceeding before
the board.
(39)
] Provisional license--A license
issued under the Texas Appraiser Licensing and Certification Act,
§1103.208
[
§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.
(40)
] Real estate--An identified
parcel or tract of land, including improvements, if any.
(41)
] 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.
(42)
] Real property--The interests,
benefits, and rights inherent in the ownership of real estate.
(43)
] Record--All notices, pleadings,
motions and intermediate orders; questions and offers of proof; objections
and rulings on them; any decision, opinion or report by the board; and all
staff memoranda submitted to or considered by the board.
(44)
] 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.
(45)
] Residential property--Property
that consists of at least one but not more than four residential units.
(46)
] Respondent--Any person or
other entity subject to the jurisdiction of the board against whom any complaint
has been made.
(47)
] Restricted use appraisal
report--A written report as defined by and prepared under the USPAP.
(48)
] Review--The act or process
of critically studying a report prepared by another.
(49)
] Self-contained appraisal
report--A written report as defined by and prepared under the USPAP.
(50)
] State certified real estate
appraiser--A person certified under the Texas Appraiser Licensing and Certification
Act.
(51)
] State licensed real estate
appraiser--A person licensed under the Texas Appraiser Licensing and Certification
Act.
(52)
] Summary appraisal report--A
written report as defined by and prepared under the USPAP.
(53)
] Workfile--documentation necessary
to support an appraiser's analysis, opinions, and conclusions, and in compliance
with the Records Keeping section of the Ethics Rule of USPAP.
and
]
additional
] renewal fee of $10
for
[
is required of each general
certified and residential
] certified
appraisers
[
appraiser
] for establishing and maintaining on-line renewals
;
[
. On-line renewals are mandated by SB-187 and SB-645, 77th Legislature, 2001,
and the additional renewal fee is required whether or not the individual renews
on-line.
]
within
30 days after the board mails a written request for payment of the fee to
the appraiser's last known business address as shown in the board's records.
If, however, the board requests payment of the registry fee in connection
with renewal of a certification or license, the registry fee must be paid
at the same time as the fee for certification or license renewal.
] All
registry fees collected by the board shall be deposited in the state treasury
to the credit of a special fund to be known as the appraiser registry fund.
The board shall send the fees to the council as required by federal law.
(3)
] of this subsection
to the board:
and
]
two
] years after the date of approval.
, ] License or Renewal of Trainee Approval.
A license or certification
issued by the board is valid for two years after the date of issuance. An
appraiser trainee approval issued by the board is valid for one year after
the date of issuance. A certified or licensed appraiser or appraiser trainee
may renew the certification, license, or trainee 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).
]
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 timely applying for renewal.
]
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).
]
An appraiser renewal application is acceptable for processing
when it is received by the board, with proper fees, and postmarked by the
U.S. Postal Service, an overnight delivery service, or entered electronically
into the TexasOnline system, on or before the expiration date of the certification,
license or authorization.
]
(e)
An ACE Report, on a form prescribed
by the board, must be submitted with each application for renewal. The ACE
Report includes, but is not limited to, the course or seminar name, educational
provider, date(s), location, number of hours and AQB topic(s). The ACE Report
may be filed electronically by those who are renewing through the TexasOnline
system.]
(1)
Knowingly or intentionally furnishing false
or misleading information in connection with the ACE Report filed under this
section is grounds for disciplinary action up to and including revocation
of certification or licensure as provided by §153.20(12) of this title
(relating to Guidelines for Revocation, Suspension or Denial of Licensure
or Certification).]
(3)
The board may require verification of acceptable
ACE for any renewal application. The renewing appraiser must submit the documentation
within 20 days after the date of notification. The verification may be obtained
by:]
(A)
requiring copies of all transcripts or course
certificates or continuing education forms that were issued by the course
provider(s); and]
(B)
engaging in other investigative research determined
to be appropriate by the board.]
(4)
Failure to comply with a request for verification
of ACE documentation is a violation of these rules and may result revocation
or suspension of certification or licensure and other disciplinary action.]
(f)
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.]
(g)
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.]
(h)
Denial of Licensing and Certification
of Persons who are in Default on Texas Guaranteed Student Loan Corporation
(TGSLC) Loans.]
(1)
Renewals of licenses and certifications issued
by the board are subject to the policies established by the Texas Education
Code, §57.491.]
(2)
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.]
(3)
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.]