Part 8. TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD
Chapter 153. RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT
The Texas Appraiser Licensing and Certification Board proposes amendments to §153.5, concerning Fees and §153.9, concerning Applications.
Section 153.5 proposes amendments which would add language establishing an education evaluation fee of $30. The amendments will also increase the application and renewal fees by $30 each year.
Section 153.9 proposes amendments which would add language requiring applicants to submit their education for evaluation prior to submitting their application for licensure or certification. The amendment also revises TALCB applications to incorporate the fee changes being proposed.
Troy Beaulieu, attorney for the Texas Appraiser Licensing and Certification Board, after consulting with Karen Alexander, director of staff services, has determined that for the first five-year period §153.5 is in effect there will be fiscal implications for the state as a result of enforcing or administering the section. Annual revenues would increase by approximately $221,130 for FY 2008 and $265,380 for each year thereafter for the first five years after the section as amended is in effect. There are no fiscal implications for state government as a result of enforcing or administering §153.9. There are no fiscal implications anticipated for local government and there is no anticipated impact on local or state employment as a result of implementing the sections as proposed.
Mr. Beaulieu 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 the application, renewal and other fees being added or increased by adoption of the rule will provide additional revenue for the Texas Appraiser Licensing and Certification Board to facilitate accomplishing the agency's statutory duties and obligations (i.e. licensing and regulating real estate appraisers and protecting consumers of real estate appraisal services). There will be a small effect on small businesses for §153.5, since appraisal service oriented businesses will obviously be paying additional fees to obtain or renew a license or certification. There are obviously anticipated costs to persons who are required to comply with the section as proposed, namely the $30 increase in application fees annually, the $30 increase in renewal fees annually and the $30 education evaluation fee. There will be no effect on §153.9 for small businesses and there is no anticipated cost to persons who are required to comply with the section as proposed.
Comments on the proposed amendments may be submitted to Troy Beaulieu, attorney for the Texas Appraiser Licensing and Certification Board, P.O. Box 12188, Austin, Texas 78711-2188.
The amendments are proposed under the Texas Appraiser Licensing and Certification Act, Subchapter D, Board Powers and Duties (Occupations Code, Chapter 1103), which provides the board with authority to adopt rules under §1103.151, Rules Relating to Certification and Licenses and §1103.154, Rules Relating to Professional Conduct.
No other code, article, or statute is affected by this proposal
§153.5.Fees.
(a) The board shall charge and the commissioner shall collect the following fees:
(1) an application or renewal fee for a general certification of
$260
[
$200
], for residential certification
of
$210
[
$150
], or for licensing of
$185
[
$125
];
(2) an application or renewal fee for approval as an
appraiser trainee of
$105
[
$75
];
(3) (No change.)
(4) a fee for nonresident appraiser registration of
$180
[
$150
];
(5) - (18) (No change.)
(19) an on-line subscription application fee of $5
for appraiser trainees for establishing and maintaining on-line applications;
[
and
]
(20) a fee of $5 for a Pocket ID for certified general,
certified residential, state licensed, and provisional licensed appraisers
; and
[
.
]
(21) a fee of $30 for evaluation of an applicant's education.
(b) - (c) (No change.)
§153.9.Applications.
(a) A person desiring to be certified or licensed as an appraiser or approved as an appraiser trainee or registered as a temporary non-resident appraiser shall file an application using forms prescribed by the board. The board may decline to accept for filing an application which is materially incomplete or which is not accompanied by the appropriate fee. Prior to submission of any application, an applicant shall submit the applicant's education for evaluation and approval along with the requisite education evaluation fee and must obtain a written response from the Board showing the applicant meets current education requirements for the applicable license or certification. Any such approval shall then remain valid for one year from the date of issuance. Except as provided by the Act, the board may not grant a certification, license or approval of trainee status to an applicant unless the applicant:
(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 1-1 (10/07)
[
ACL 1-0 (06)
];
(2) Application for Provisional Appraiser License,
TALCB Form
APL 2-1 (10/07)
[
APL 2-0 (06)
];
(3) (No change.)
(4) Application for Approval as an Appraiser Trainee, TALCB Form
AAT 3-1 (10/07)
[
AAT 3-0 (06)
];
(5) Supplement to Application for Appraiser Certification
or Licensing by Reciprocity, TALCB Form
ACR 4-1 (10/07)
[
ARC 4-0 (06)
];
(6) Temporary Non-Resident Appraiser Registration, TALCB Form
TRN 5-1 (10/07)
[
TRN 5-0 (06)
];
(7) Extension of Non-Resident Temporary Practice Registration,
TALCB Form
NRE 5E-1 (10/07)
[
NRE 5E-0 (804)
];
(8) - (12) (No change.)
(13) Extension Request Form (For Residential/General Certified and State Licensed Appraisers) TALCB Form ExtReq 11-1 (10/07) ;
(14) Extension Request Form for Provisional Licensee TALCB ExtReq-Provisional 12-1 (10/07) ;
(15) - (17) (No change.)
(c) (No change.)
(d) A certification, license, or appraiser trainee approval is valid for the term for which it is issued by the board unless suspended or revoked for cause and unless revoked, may be renewed in accordance with the requirements of § 153.17 of this title (relating to Renewal of Certification, License or Trainee Approval).
(e) - (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 August 13, 2007.
TRD-200703588
Troy Beaulieu
Board Attorney
Texas Appraiser Licensing and Certification Board
Earliest possible date of adoption: September 23, 2007
For further information, please call: (512) 465-3959
Chapter 661. GENERAL RULES OF PROCEDURES AND PRACTICES
Subchapter D. APPLICATIONS, EXAMINATIONS, AND LICENSING
The Texas Board of Professional Land Surveying (TBPLS) proposes a new section §661.57, concerning compliance with the registration of firms. The new rule is proposed in order to implement recently passed legislation as a result of H.B. 2820.
The proposed new rule will enact the requirement of The Professional Land Surveying Practices Act, §1071.352, Surveying by Business Entity.
Sandy Smith, Executive Director, has determined that, for the first five-year period the proposed new rule is in effect, there will be no fiscal impact to state or local government as a result of enforcing or administering this new rule.
Ms. Smith has also determined that, for each year of the first five years the rule is in effect, the public will benefit from the proposed new rule because it will implement procedures for registering firms that offer land surveying services.
There will be no effect on small or micro businesses that are in compliance with the Board's Act and Rules. There are no anticipated costs to those who are required to comply with the new rule as proposed.
Comments on the proposed new rule may be submitted in writing to Sandy Smith, Executive Director, Texas Board of Professional Land Surveying, 12100 Park 35 Circle, Building A, Suite 156, Austin, TX 78753. Comments may also be faxed to Ms. Smith at the Board at (512) 239-5253 or may be sent electronically to ssmith@txls.state.tx.us. All requests for a public hearing on the proposed section submitted under the Administrative Procedure Act must be received by the Executive Director not more than 15 calendar days after notice of a rule proposal in the section has been published in the Texas Register.
The new rule is proposed pursuant to §1071.151, Title 6, Occupations Code, Subtitle C, which authorizes the Board to adopt and enforce reasonable and necessary rules to perform its duties.
The proposed new rule implements the Texas Administrative Code, Title 22, Part 29, General Rules of Procedures and Practices.
§661.57.Surveying Firm Compliance.
(a) Any firm or other business entity shall not offer or perform surveying services to the public unless registered with the board pursuant to the requirements of §661.55 of this title (relating to Survey Firm Registration).
(b) A firm shall provide that at least one full-time active license holder is employed with the entity and that the active license holder performs or directly supervises all surveying work and activities that require a license that is performed in the primary or branch office(s).
(c) An active license holder who is a sole practitioner shall satisfy the requirement of the regular, full-time employee.
(d) No surveying services are to be offered to or performed for the public in Texas by a firm while that firm does not have a current certificate of registration.
(e) A business entity that offers or is engaged in the practice of surveying in Texas and is not registered with the board or has previously been registered with the board and whose registration has expired shall be considered to be in violation of the Act and board rules and will be subject to administrative penalties as set forth in §1071.451 and §1071.452 of the Act and §661.99 of this title (relating to Sanctions and Penalty Matrix).
(f) The board may revoke a certificate of registration that was obtained in violation of the Act and/or board rules including, but not limited to, fraudulent or misleading information submitted in the application or lack of employee relationship with the designated professional surveyor for the firm.
(g) If a firm has notified the board that it is no longer offering or performing surveying services to the public, including the absence of a regular, full-time employee who is an active professional surveyor licensed in Texas, the certificate of registration will expire.
(h) In addition to any other penalty provided in this section, the Board shall have the power to fine, refuse to issue or renew and/or revoke the registration of a business entity where one or more of its officers, directors, partners, members, or managers have been found guilty of any conduct which would constitute a violation of the Board's Act or Rules.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August 13, 2007.
TRD-200703535
Sandy Smith
Executive Director
Texas Board of Professional Land Surveying
Earliest possible date of adoption: September 23, 2007
For further information, please call: (512) 239-5263
Chapter 871. ATHLETIC TRAINERS
Subchapter A. GENERAL GUIDELINES AND REQUIREMENTS
22 TAC §§871.1, 871.3, 871.6, 871.11, 871.12, 871.14
The Advisory Board of Athletic Trainers (board) proposes amendments to §§871.1, 871.3, 871.6, 871.11, 871.12, and 871.14, concerning the licensure and regulation of athletic trainers.
BACKGROUND AND PURPOSE
In accordance with Occupations Code, Chapter 451, the rules are being amended to establish a complaints committee; incorporate the committee into the complaint process and establish procedures for complaint resolution. Additionally, the amendments delete the Administrative Services Committee; remove references to licenses issued for one year; allow late renewal without penalty for military personnel who are on active duty inside Texas; reduce the number of allowable continuing education credits for serving as a skills examiner; and accurately reflect the continuing education audit process.
SECTION-BY-SECTION SUMMARY
The amendment to §871.1 removes the reference to the Administrative Services Committee.
The amendment to §871.3 removes the reference to the Administrative Services Committee and establishes the Complaints Committee as a committee of the board.
Amendments to §871.6 remove out-dated fees that are no longer valid due to two-year license issuance.
Amendments to §871.11 remove out-dated language that is longer valid due to two-year license issuance and allow military personnel who are serving on active duty inside the State of Texas to renew late without penalty.
Amendments to §871.12 remove out-dated language that is no longer valid due to two-year license issuance. Additionally, the amendments reduce the number of allowable continuing education credits for serving as a skills examiner at the state licensure exam from six to four hours every two years; and accurately reflect continuing education audit procedures.
Amendments to §871.14 incorporate the newly created Complaints Committee into the complaint process and establish procedures for complaint resolution.
FISCAL NOTE
Heather Muehr, Program Director, has determined that for each fiscal year of the first five years the sections are in effect, there will be no fiscal implications to the state as a result of enforcing or administering the sections as proposed. Implementation of the proposed sections will not result in any fiscal implications for local governments.
SMALL AND MICRO-BUSINESS IMPACT ANALYSIS
Ms. Muehr has also determined that there will be no effect on small businesses or micro-businesses required to comply with the sections as proposed. This was determined by interpretation of the rules that small businesses and micro-businesses will not be required to alter their business practices in order to comply with the sections. There are no anticipated economic costs to persons who are required to comply with the sections as proposed. There is no anticipated negative impact on local employment.
PUBLIC BENEFIT
In addition, Ms. Muehr has also determined that for each year of the first five years the sections are in effect, the public will benefit from adoption of the sections. The public benefit anticipated as a result of enforcing or administering the sections is to continue to ensure public health and safety through the licensing and regulation of athletic trainers.
REGULATORY ANALYSIS
The board has determined that this proposal is not a "major environmental rule" as defined by Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule the specific intent of which is to protect the environment of reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is specially intended to protect the environment or reduce risks to human health from environmental exposure.
TAKINGS IMPACT ASSESSMENT
The board has determined that the proposed rules do not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, do not constitute a taking under Government Code, §2007.043.
PUBLIC COMMENT
Comments on the proposal may be submitted to, Heather Muehr, Program Director, Advisory Board of Athletic Trainers, 1100 West 49th Street, Austin, Texas 78756, or by email to heather.muehr@dshs.state.tx.us. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.
STATUTORY AUTHORITY
The amendments are proposed under Texas Occupations Code, §451.103, which authorizes the board to adopt rules necessary for the performance of its duties.
The amendments affect Occupations Code, Chapter 451.
§871.1.Definitions.
The following words and terms, when used in these rules shall have the following meanings unless the context clearly indicates otherwise. Words and terms defined in the Athletic Trainers Act shall have the same meaning in these rules:
(1) - (10) (No change.)
(11) Executive secretary emeritus--A licensed athletic
trainer who has been previously employed by the board as the director
of board licensing activities and who currently serves at the direction
of the board [
and provides guidance to the Administrative Services
Committee
].
(12) - (15) (No change.)
§871.3.The Board's Operation.
(a) - (e) (No change.)
(f) The board or the chair with the approval of the board may establish committees necessary to assist the board in carrying out its duties and responsibilities.
(1) - (5) (No change.)
(6) The following standing committees may be appointed by the chair:
(A) the
Complaints Committee
[
Administrative
Services Committee
];
(B) - (E) (No change.)
(g) - (q) (No change.)
§871.6.Fees.
(a) The schedule of fees of the board is as follows:
(1) - (4) (No change.)
[(5) initial license fee for a license issued before January 1, 2005--$50;]
(5)
[
(6)
] initial license fee
[
for a license issued after January 1, 2005
]--$100;
(6)
[
(7)
] child support reinstatement
fee--$75;
(7)
[
(8)
] returned check fee--$25;
[(9) renewal license that is issued for a one-year period--$125;]
(8)
[
(10)
] renewal license [
that is issued for a two-year period
]--$250; and
(9)
[
(11)
] late renewal fee:
(A) a fee that is equal to one and one-half times the normally required renewal fee when renewed on or within 90 days of expiration; or
(B) a fee that is equal to two times the normally required renewal fee when renewed more than 90 days, but less than one year after expiration.
(b) - (e) (No change.)
§871.11.License Renewal.
(a)
Licenses are valid for two years from the
date of issuance.
[
Licenses issued between January 1, 2005,
and December 31, 2005, are valid for a one-year period or a two-year
period, as determined by the department, commencing on the date of
issuance of the initial license. All licenses issued on or after January
1, 2006, are valid for a two-year period.
]
(b) - (h) (No change.)
(i) If a licensee fails to timely renew his or her
license because the licensee is or was on active duty with the armed
forces of the United States of America [
serving outside the State
of Texas
], the licensee may renew the license pursuant to this
subsection.
(1) - (8) (No change.)
§871.12.Continuing Education Requirements.
(a) (No change.)
(b) Hours required for continuing education. A licensee must complete 20 clock-hours of continuing education during each two-year period. In addition to the 20 clock-hours of continuing education, a licensee must also successfully complete a cardiopulmonary resuscitation (CPR) techniques course and an automated external defibrillation course during each two-year period. The two-year period begins on the first day following the license issuance month and ends upon the expiration date of the license.
[(1) A licensee that is on a one-year renewal cycle must complete 30 clock-hours of continuing education during each three-year period as described in this subsection. In addition to the 30 clock-hours of continuing education, a licensee must also successfully complete a cardiopulmonary resuscitation (CPR) techniques course and an automated external defibrillation course during each three-year period. The three-year period begins on the first day following the issuance month and ends on the last day of the licensee's renewal month. The initial period shall begin with the date the board issues the license certificate and ends on the last day of the third renewal cycle.]
[(2) A licensee that is on a two-year renewal cycle must complete 20 clock-hours of continuing education during each two-year period. In addition to the 20 clock-hours of continuing education, a licensee must also successfully complete a cardiopulmonary resuscitation (CPR) techniques course and an automated external defibrillation course during each two-year period. The two-year period begins on the first day following the license issuance month and ends upon the expiration date of the license.]
(c) Continuing education credit undertaken by a licensee for renewal shall be acceptable if the experience falls in one or more of the following categories:
(1) - (5) (No change.)
(6) serving as a skills examiner at the state licensure
examination not to exceed one clock-hour of continuing education credit
for each examination date for a maximum of
four
[
six
]
clock-hours of credit each continuing education period; or
(7) (No change.)
(d) - (f) (No change.)
(g) The audit process shall be as follows.
(1) The department shall select for audit a random
sample of licensees for each renewal month.
Licensees will be
notified of the continuing education audit when they receive their
renewal documentation.
[
Audit forms shall be sent to the
selected licensees.
]
(2) All licensees selected for audit will furnish documentation
such as official transcripts, certificates, diplomas, an affidavit
identifying the continuing education experience satisfactory to the
board, or any other documentation requested by the board to verify
having earned the
required
continuing education hours [
listed
on the continuing education report form
]. The documentation
must be provided to the department
with the renewal form and
payment
[
upon request
].
(3) (No change.)
(h) A licensee who has failed to complete the requirements for continuing education may be granted a 180-day extension to the continuing education period.
(1) (No change.)
(2) The subsequent continuing education period shall end
two
[
three
] years from the date the previous
continuing education period expired or upon the expiration of the
license, not the date of the end of the extension period.
(3) - (4) (No change.)
(i) - (j) (No change.)
§871.14.Violations, Complaints , and Disciplinary Actions.
(a) - (c) (No change.)
(d) Complaints shall be investigated in accordance with the following procedures.
(1) The program director shall
conduct an initial
review of the complaint to determine jurisdiction and alleged Act
or rule violations
[
make the initial investigation and
report the findings to the executive secretary
].
After
conducting the initial review, the program director will determine
if additional information is needed or if the complaint should be
closed, referred to the complaint committee or referred for investigation.
(2) (No change.)
(3)
If it is determined that the matters alleged
in the complaint are non-jurisdictional, or would not constitute a
violation of the Act or this chapter, the program director, after
consulting with the board's attorney may dismiss the complaint and
give written notice of dismissal to the licensee or person against
whom the complaint has been filed, the complainant, and the complaint
committee.
[
If the program director determines that the
complaint does not come within the board's jurisdiction, the program
director shall advise the complainant and, if possible, refer the
complainant to the appropriate governmental agency for handling such
a complaint.
]
(4) (No change.)
(5) The
Complaints Committee
[
executive
secretary
] may recommend that the license be revoked, suspended,
suspended with probation, suspended on an emergency basis, denied,
or that the licensee be reprimanded, that administrative penalties
be assessed, or other enforcement action authorized by law.
(6) If the
Complaints Committee determines
[
executive secretary and the program director determine
] that
there are insufficient grounds to support the complaint, the program
director shall dismiss the complaint and give written notice of the
reason for dismissal to the licensee or person against whom the complaint
has been filed and the complainant.
(e)
The Complaints Committee may recommend that
the board
[
The board may
] deny an application or
initiate disciplinary actions as described in subsection (d)(5) of
this section for a violation of the Act or this chapter.
(f) The
program director
[
executive
secretary
] shall give written notice to the
applicant
[
licensee
] by certified mail, return receipt requested, of the
facts or conduct alleged to warrant the action, and the
applicant
[
licensee
] shall be given an opportunity, as described in the
notice, to show compliance with all requirements of the Act and this
chapter.
(g) If disciplinary action is proposed, the
program
director
[
executive secretary
] shall give written
notice by certified mail, return receipt requested, that the licensee
or applicant
must request, in writing, a formal hearing within
20 days of receipt of the notice, or the right to a hearing shall
be waived and the action shall be taken.
(h) Informal disposition of any complaint or contested
case involving a licensee or an applicant for licensure may be made
through an informal settlement conference held to determine whether
an agreed settlement order may be secured. The
Complaints Committee
[
executive secretary
] may determine whether the public interest
would be served by attempting to resolve a complaint or contested
case with an agreed order in lieu of a formal hearing.
(1) An informal settlement conference shall be voluntary and shall not be a prerequisite to a formal hearing. The program director shall establish the time, date and place of the informal hearing, and provide written notice to the licensee or applicant. Notice shall be provided no less than 10 working days prior to the date of the informal hearing by certified mail, return receipt requested to the last known address of the licensee or applicant. The licensee or applicant may waive the 10-day notice requirement .
(2) (No change.)
(3) The licensee or applicant , the licensee's or applicant's attorney, a complaints committee member, the executive secretary, the program director, and the board's attorney may question witnesses, make relevant statements, present statements of persons not in attendance, and present such other evidence as may be appropriate.
(4) (No change.)
(5) At the conclusion of the settlement conference,
the
complaints committee member,
the executive secretary
,
the program director or the program attorney
[
or his designee
]
may make recommendations for informal disposition of the complaint
or contested case. The recommendations may include any disciplinary
action authorized by the Act. The
complaints committee member,
the
executive secretary
, the program director or the program
attorney
[
or his designee
] may also conclude that
the board lacks jurisdiction, conclude that a violation of the Act
or this chapter has not been established, order that the investigation
be closed, or refer the matter for further investigation.
(6) The licensee or applicant may either accept or reject the recommendations at the informal hearing. If the recommendations are accepted, an agreed order shall be prepared by the board office or the board's legal counsel and forwarded to the licensee or applicant. The order may contain agreed findings of fact and conclusions of law. The licensee or applicant shall execute the order and return the signed order to the board office within 10 working days of his or her receipt of the order. If the licensee or applicant fails to return the signed order within the stated time period, the inaction shall constitute rejection of the recommendations.
(7) If the licensee or applicant signs and accepts the proposed recommendations, the agreed order shall be submitted to the complaints committee and the board for approval. Placement of the agreed order on the committee and board agendas shall constitute only a recommendation for approval by the board.
(8) The identity of the licensee or applicant shall not be made available to the board until after the board has reviewed and accepted the agreed order unless the licensee or applicant chooses to attend the board meeting. The licensee or applicant shall be notified of the date, time, and place of the board meeting at which the proposed agreed order will be considered. Attendance by the licensee or applicant is voluntary.
(9) Upon an affirmative majority vote, the board shall enter an agreed order approving the accepted recommendations. The board may not change the terms of a proposed order but may only approve or disapprove an agreed order unless the licensee or applicant is present at the board meeting and agrees to other terms proposed by the board.
(10) If the board does not approve a proposed agreed order, the licensee or applicant shall be so informed. The matter shall be referred to the program director for other appropriate action.
(11) A proposed agreed order is not effective until the board has approved the order and it is signed by the board chair.
(12) A licensee's or applicant's opportunity for an informal hearing under this section shall satisfy the requirement of the Administrative Procedure Act, Texas Government Code, §2001.054(c).
(13) If a licensee or applicant who has requested an informal hearing fails to appear at the hearing and fails to provide notice of their inability to attend the hearing at least 24 hours in advance of the time the hearing is scheduled, such action may constitute a withdrawal of the request for a formal hearing.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August 13, 2007.
TRD-200703532
David Weir
Chair
Advisory Board of Athletic Trainers
Earliest possible date of adoption: September 23, 2007
For further information, please call: (512) 458-7111 x6972