Part 8.
TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD
Chapter 153.
RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT
22 TAC §§153.1, 153.9, 153.13, 153.18
The Texas Appraiser Licensing and Certification Board proposes
amendments to §§153.1, 153.9, 153.13, and 153.18.
Section 153.1 amends the definition of a fundamental real estate course
to tie it specifically to the courses recognized by the Appraiser Qualifications
Board as qualifying education. Section 153.9 amends the legal questions on
all applications relating to civil judgements rendered. Section 153.13 clarifies
that fundamental or qualifying education courses must be approved by the Appraiser
Qualifications Board or offered by an accredited college or university. It
also simplifies the process for obtaining TALCB course approval and makes
the period for which the course is approved the same as the period for AQB
approval. Section 153.18 clarifies that an individual whose continuing education
is deferred may be placed on inactive status and must complete the missed
continuing education before returning to active status as mandated by the
Appraisal Subcommittee. Section 153.18 provides that the Appraiser Continuing
Education (ACE) classroom courses must have either AQB approval or be approved
by another state appraiser licensing and certification board. ACE distance
courses must be approved by the AQB or be offered by an accredited college
or university.
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 public benefit anticipated as a result of
these amendments is that the process of obtaining appraiser course approval
will be simplified. There will be no effect on small businesses. There is
no cost to individuals required to comply with the proposed amendments.
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 Sec.1103.151 Rules Relating to Certification and Licenses.
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) - (27)
(No change.)
(28)
Fundamental real estate appraisal course--
those courses
approved by the Appraiser Qualifications Boards as qualifying education.
[
(29) - (56)
(No change.)
§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
(06)
[
(2)
Application for Provisional Appraiser License, TALCB Form
APL 2-0
(06)
[
(3)
Affidavit Declining Sponsorship, TALCB Form ADS 2A-0 (804);
(4)
Application for Approval as an Appraiser Trainee, TALCB
Form AAT 3-0
(06)
[
(5)
Supplement to Application for Appraiser Certification or
Licensing by Reciprocity, TALCB Form ACR 4-0
(06)
[
(6)
Temporary Non-Resident Appraiser Registration, TALCB Form
TRN 5-0
(06)
[
(7) - (17)
(No change.)
(c) - (h)
( No change.)
§153.13.Educational Requirements.
(a) - (e)
(No change.)
(f)
The board may approve courses submitted or to be submitted
by applicants for appraiser certification upon a determination of the board
that:
(1)
the subject matter of the course was appraisal related;
provided that core real estate courses set forth in Texas Civil Statutes,
Article 6573a, 7(a)(1) and (2) shall be deemed appraisal-related;
(2)
the course was offered by an accredited college or university,
[
(3)
the applicant obtained credit received in a classroom presentation
the hours of instruction for which credit was given and successfully completed
a final examination for course credit except as specified in subsection (l)
of this section (relating to distance education); and
(4)
the course was at least 15 classroom hours in duration,
which includes time devoted to examinations which are considered to be part
of the course.
[(g)
For the purposes of this section, a professional
trade association is a nonprofit, cooperative, and voluntarily joined association
of business or professional competitors that is designed to assist its members
and its industry or profession in dealing with mutual business or professional
problems and in promoting the common interest of its members.]
(g)
[
(h)
[
[(1)
a copy of any textbook, course outline,
syllabus, or other written material used in the course;]
[(2)
a copy of the question and answers to
the written final examination, with an answer key or the correct answers indicated;
and]
[(3)
sample course completion certificate
or other evidence of successful completion of the course; and]
[
(i)
[
(j)
[
(k)
[
(1)
the course must have been presented by an accredited college
or university that offers distance education programs in other disciplines,
and
(A)
the person has successfully completed a written examination
administered to the positively identified person at a location and proctored
by an official approved by the college or university; and
(B)
the content and length of the course must meet the requirements
for real estate appraisal related courses established by this chapter and
by the requirements for qualifying education established by the Appraiser
Qualifications Board of the Appraisal Foundation and is equivalent to a minimum
of 15 classroom hours.
(2)
The course has received the [
(A)
the person successfully completes a written examination
proctored by an official approved by the presenting entity;
(B)
the course meets the requirements for qualifying education
established by the Appraiser Qualifications Board and is equivalent to the
minimum of 15 classroom hours.
(3)
A minimum time equal to the number of hours of credit must
elapse from the date of course enrollment until its completion.
(l)
[
(m)
[
(1)
Be devoted to the Uniform Standards of Professional Appraisal
Practice (USPAP) with a minimum of 15 classroom hours of instruction;
(2)
Use the current edition of the Uniform Standards of Professional
Appraisal Practice (USPAP) promulgated by the Appraisal Standards Board of
the Appraisal Foundation;
(3)
Provide each student with his or her own permanent copy
of the current Uniform Standards of Professional Appraisal Practice (USPAP)
promulgated by the Appraisal Standards Board of the Appraisal Foundation;
and
(4)
utilize the "National Uniform Standards of Professional
Appraisal Practice (USPAP) Course" promulgated by the Appraisal Foundation,
including the Student Manual and Instructor Manual or an equivalent USPAP
course as determined by the AQB.
(n)
[
(o)
[
§153.18.Appraiser Continuing Education.
(a) - (b)
(No change.)
(c)
The appraiser continuing education requirement as set forth
in section 153.17 of this title (relating to Renewal of Certification, License
or Trainee Approval) for a person previously licensed or certified by the
board under this act who is on active duty in the United States armed forces
and serves in this capacity outside the State of Texas
is
[
(1)
the person furnishes a copy of official orders
or other official documentation acceptable to the board showing that the person
was on active duty outside the state during the person's last renewal period
, and
[
(2)
the certificate, license or trainee authorization
is placed on inactive status until completion of continuing education requirements.
(d)
In approving ACE courses, the board shall base its review
and approval of appraiser continuing education courses upon the then current
appraiser qualifications criteria of the Appraiser Qualifications Board (AQB).
(1)
The purpose of ACE is to ensure that certified and licensed
appraisers participate in programs that maintain and increase their skill,
knowledge, and competency in real estate appraising.
(2)
The following types of educational offerings that may be
accepted for meeting the ACE requirements are listed in subparagraphs (A)
- (L) of this paragraph:
(A)
A course that meets the requirements for certification
or licensing also may be accepted for meeting ACE provided:
(i)
The course is devoted to one or more of the appraisal related
topics of the then current appraiser qualifications criteria of the Appraiser
Qualifications Board (AQB) for continuing education;
(ii)
the course was not repeated within a three year period;
and
(iii)
the educational offering is at least two hours in length.
(B)
The board shall accept as continuing education any continuing
education offering that
has been approved by the Appraiser Qualifications
Board course approval process or by another state appraiser licensing and
certification board. Course providers may obtain prior approval or continuing
education offerings by filing forms prescribed by the board and submitting
a letter indicating that the course has been approved by the Appraiser Qualifications
Board under its course approval process or by another state appraiser licensing
and certification board.
[
[(C)
A course specifically approved by the
board for meeting ACE offered by a provider as specified in §153.13(f)(2)
of this title (relating to Educational Requirements), provided the course
is devoted to one or more of the appraisal related topics of the then current
appraiser qualifications criteria of the AQB for continuing education and
the course is at least two hours in duration;]
[(D)
A course that meets the Texas Real Estate
Commission mandatory continuing education (MCE) requirements, provided it
is devoted to one or more of the appraisal related topics of the then current
appraiser qualifications criteria of the AQB for continuing education, and
which specifically has been approved by the board.]
[(E)
A seminar or other educational offering
that deals with appraisal issues, offered by an appraiser trade association,
a related association, or by a federal or state governmental agency, provided
the offering was at least two hours in duration, and is devoted to one or
more of the appraisal related topics of the then current appraiser qualifications
criteria of the AQB for continuing education.]
(C)
[
[(i)
the course is presented to an organized
group in an instructional setting with a person qualified and available to
answer questions, provide information, and monitor student attendance, and
is a minimum of two classroom hours and meets the requirements for continuing
education courses established by the AQB; or]
[
[
[
[(iii)
the content and length of the course
must meet the requirements for appraiser continuing education established
by this chapter and must be devoted to one or more of the appraisal related
topics of the then current appraiser qualifications criteria of the AQB for
continuing education; and]
[
(D)
[
(E)
[
(i)
be the National USPAP Update Course or National USPAP Course
or its equivalent as determined by the AQB;
(ii)
use the current edition of the Uniform Standards of Professional
Appraisal Practice (USPAP) promulgated by the Appraisal Standards Board of
the Appraisal Foundation;
(iii)
provide each student with his or her own permanent copy
of the current Uniform Standards of Professional Appraisal Practice (USPAP)
promulgated by the Appraisal Standards Board of the Appraisal Foundation;
additionally,
(iv)
providers may include up to one additional hour of supplemental
Texas specific information. This may include such topics as the TALCB Act,
TALCB Rules, processes and procedures, enforcement issues, or other topics
deemed to be appropriate by the board
[(I)
Courses specifically approved by the
Appraiser Qualifications Board (AQB) of the Appraisal Foundation are acceptable
for meeting ACE requirements.]
(F)
[
(G)
[
(H)
[
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 9, 2006.
TRD-200601539
Wayne Thorburn
Commissioner
Texas Appraiser Licensing and Certification Board
Earliest possible date of adoption: April 23, 2006
For further information, please call: (512) 465-3950
Subchapter A. GENERAL PROVISIONS
22 TAC §157.7
The Texas Appraiser Licensing and Certification Board proposes
amendments to §157.7 Denial of a License.
Section 157.7 clarifies that individuals wishing to contest a denial or
licensure or certification may appeal to the agency's Administrative Law Judge
instead of seeking an appeal through the State Office of Administrative Hearing
(SOAH).
Wayne Thorburn, Commissioner, Texas Appraiser Licensing and Certification
Board, has determined that for the first five-year period that this section
is in effect there will be no fiscal implications for state or local government
as a result of enforcing or administering the rules.
Mr. Thorburn has determined that for each year of the first five years
the amendment is in effect, the public benefit anticipated as a result of
this amendment is that it provides the procedure for an individual to appeal
a license or certification denied by the Board. There will be no effect on
small businesses. There will be no cost to individuals who are required to
comply with the proposed amendment.
Comments on the proposal 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 Sec.1103.151 Rules Relating to Certification and Licenses.
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 board
and
presided over by the agency's administrative law judge who shall conduct the
hearing and issue 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 March 9, 2006.
TRD-200601540
Wayne Thorburn
Commissioner
Texas Appraiser Licensing and Certification Board
Earliest possible date of adoption: April 23, 2006
For further information, please call: (512) 465-3950
Chapter 391.
POLYGRAPH EXAMINER INTERNSHIP
Basic real estate appraisal courses which include the following topics, but
are not limited to, principles of real estate appraisal, real estate appraisal
practice, real estate appraisal procedures, highest and best use, report writing,
rural appraisal, appraisal review, residential appraisal/valuation, agricultural
property appraisal, sales comparison approach, cost approach, income capitalization,
discounted cash flow analysis, real estate appraisal case studies, commercial
appraisal, non-residential real estate appraisal, and other courses specifically
determined by the board.
]
(04)
];
(804)
];
(804)
];
(804)
];
(804)
];
a school accredited by a real estate or appraiser certification or licensing
agency of this or another state, a professional trade association, or a service-related
school such as the United States Armed Forces Institute;
] or the course
was [
offered or
] approved by
the Appraiser Qualifications
Board under its course approval process as a qualifying education course
[
a federal agency or commission or by an agency of this state
];
(h)
] The board may require an applicant
to furnish materials such as course outlines, syllabi, course descriptions
or official transcripts to verify course content or credit.
(i)
] Course providers may obtain
prior approval of a course by filing forms prescribed by the board and submitting
a letter indicating that the course has been approved by the Appraiser Qualifications
Board under its course approval process.
[
the following items listed
in paragraphs (1) - (4) of this subsection to the board:
]
(4)
]
[
such
]
Such
prior approval
of courses will remain in effect for a period
commensurate with the period
of the approval granted by the Appraiser Qualifications Board.
[
of two years after the date of approval.
]
(j)
] The board shall accept classroom
hour units of instruction as shown on the transcript or other document evidencing
course credit if the transcript reflects the actual hours of instruction the
student received. Fifteen classroom hours of credit may be awarded for one
semester hour of credit from an acceptable provider. Ten classroom hours of
credit may be awarded for one quarter hour of credit from an acceptable provider.
Ten classroom hours of credit may be awarded for each continuing education
credit from an acceptable provider. The board may not accept courses repeated
within three years of the original offering unless the subject matter has
changed significantly.
(k)
]
Instructors who are also
certified or licensed appraiser may receive up to one half of their continuing
education requirement from instruction of appraisal courses or seminars. Credit
for instructing any given course or seminar can only be awarded once during
a continuing education cycle.
[
Teachers of appraisal courses may
receive credit for meeting the educational classroom hours requirement. Teaching
of appraisal courses is not acceptable for meeting the experience requirement.
Applicants must provide documentation as requested by the board to establish
credit for teaching appraisal courses. Education credit for teaching a particular
course may be claimed only once in each three year period.
]
(l)
] Distance education courses
may be acceptable to meet the classroom hour requirement, or its equivalent,
provided that the course is approved by the board and meets one of the following
conditions listed in paragraphs (1) - (3) of this subsection.
American Council on Education's
Program on Non-collegiate Sponsored Instructions ( ACE PONSI), or its successor,
] approval for college credit, or has been approved under the AQB Course
Approval program; and
(m)
] "In-house" education and training
is not acceptable for meeting the educational requirements for certification
or licensure.
(n)
] To be acceptable for meeting
the Uniform Standards of Professional Appraisal Practice (USPAP) educational
requirement, a course must:
(o)
] Courses specifically approved
by the Appraiser Qualifications Board (AQB) of the Appraisal Foundation,
provided that the educational provider has notified the board of the AQB approval.
(p)
] Neither current members of
the Texas Appraiser Licensing and Certification Board nor those board staff
engaged in the approval of courses or educational qualifications of applicants,
certificate holders or licensees shall be eligible to teach or guest lecture
as part of an approved appraiser qualifying or continuing education course.
are
] deferred until the next renewal of a license or certification provided
.
]
complies with the guidelines of the AQB
and is recognized by the Appraisal Subcommittee that a licensed or certified
appraiser was awarded by a national appraiser organization approved by the
board as a provider of qualifying education;
]
(F)
] Distance education courses,
provided that the course is approved by the board and [
meets one of the
following conditions listed in clauses (i) - (iv) of this subparagraph:
]
(ii)
]
the course either has been presented by an
accredited college or university that offers distance education programs
in other disciplines, or has
been approved by the Appraiser Qualifications
Board under its course approval process
[
received either the American
Council on Education's Program on Non-collegiate Sponsored Instruction (ACE/PONSI),
or its successor, approval for college credit or the AQB's approval through
the AQB Course Approval Program; and the course meets the following requirements
listed in subclauses (I) - (II) of this clause:
]
(I)
]
[
the course is equivalent to a minimum
of two classroom hours in length and meets the requirements for real estate
appraisal-related courses established by the Appraiser Qualifications Board;
] and
(II)
]
the student successfully completed a written
examination proctored by an official approved by the presenting college or
university or by the sponsoring organization consistent with the requirements
of the course accreditation
.
[
; or if a written examination
is not required for accreditation, the student successfully completes the
course mechanisms required for accreditation with demonstrated mastery and
fluency (said mechanisms must be present in a course without an exam in order
to be acceptable).
]
(iv)
]
[
a
]
A
minimum time
equal to the number of hours of credit must elapse from the date of course
enrollment until its completion.
(G)
] "In-house" education and training
are not acceptable for meeting the appraiser continuing education (ACE) requirements.
(H)
] To be acceptable for meeting
the Uniform Standards of Professional Appraisal Practice (USPAP), appraiser
continuing education (ACE) requirement, a course must:
(J)
] As part of the 28 classroom
hour ACE requirement, an appraiser must successfully complete a minimum of
seven classroom hours of instruction devoted to the USPAP before each renewal.
(K)
] Appraiser continuing education
credits may also be granted for participation, other than as a student, in
real estate appraisal educational processes and programs. Examples of activities
for which credit may be granted are teaching, educational program development,
authorship of real estate appraisal textbooks, or similar activities that
are determined by the board to be equivalent to obtaining appraiser continuing
education. Appraisal experience may not be substituted for ACE.
(L)
] Neither current members of
the Texas Appraiser Licensing and Certification Board nor those board staff
engaged in the approval of courses or educational qualifications of applicants,
certificate holders or licensees shall be eligible to teach or guest lecture
as part of an approved appraiser qualifying or continuing education course.
Chapter 157.
RULES RELATING TO PRACTICE AND PROCEDURE
Part 19.
POLYGRAPH EXAMINERS BOARD