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 (TALCB or Board) proposes amendments to §153.9, regarding Applications. The proposed amendments would clarify the requirements regarding education evaluations and would adopt by reference 18 new and revised application forms. The changes to the forms primarily reflect formatting changes; however, the forms also expand and clarify the criminal background questions and harmonize, when possible, the instructions and certification sections at the end of the forms. A multi-purpose application form was divided into three separate applications: Application for License, TALCB Form AL-0; Application for Certification--Certified Residential Appraiser, TALCB Form CRA-0; and Application for Certification--Certified General Appraiser, TALCB Form CGA-0. The Request for Inactive Status (For Expired Certification of License Within One Year of Expiration Date), TALCB Form RISE-0, was also created for expired licensees and certificate holders, based on the inactive status form for currently licensed or certified appraisers. The form previously called "Supplement to Application for Appraiser Certification or Licensing by Reciprocity" was renamed "Application for Certification or License by Reciprocity" to reflect that it is a stand-alone form. Separate ACE extension request forms for provisional licensees and for other license types were combined into a single form.
Devon V. Bijansky, Counsel for the Board, has determined that for the first five-year period the proposed amendments are in effect, there will be no fiscal implications for the state or for units of local government as a result of enforcing or administering the amendments. There is no anticipated impact on local or state employment as a result of implementing the amendments. There is no anticipated impact on small businesses or micro-businesses as a result of implementing the amendments. There is no anticipated economic cost to persons who are required to comply with the amendments.
Ms. Bijansky has also determined that the anticipated public benefit as a result of these amendments is greater clarity and consistency in TALCB's application and licensing processes.
Comments on the proposed amendments may be submitted to Devon V. Bijansky, Counsel for the Texas Appraiser Licensing and Certification Board, P.O. Box 12188, Austin, Texas 78711-2188.
The amendments are proposed under the Texas Occupations Code, §1103.151, Rules Relating to Certificates and Licenses.
The statute affected by this proposal is Texas Occupations Code, Chapter 1103. No other statute, code, or article is affected by the proposed amendments.
§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 that [
which] is materially incomplete or that [
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:
(1) pays the required fees [requested
by the board];
(2) satisfies any experience and education requirements established by the Act or by these sections;
(3) successfully completes any qualifying examination
prescribed by the Board [board];
(4) provides all supporting documentation or information
requested by the Board [board] in connection
with the application;
(5) satisfies all unresolved enforcement matters and
requirements with the Board [board]; and
(6) meets any additional or superseding requirements established by the Appraisal Qualifications Board.
(b) Prior to submitting an application, an applicant must submit a completed education evaluation request form along with the appropriate fee. If the Board determines that the applicant has met current education requirements for the applicable license or certification, it shall notify the applicant that his or her education has been approved. Any such approval shall then remain valid for one year from the date the Board received the education evaluation request. If the Board determines that the applicant has not completed all required education, the applicant has until one year from the date the Board received the request to meet all education requirements and submit an application for licensure or the education evaluation request will expire. If the education requirements change while the education evaluation request is pending, any evaluation issued by the Board after the new requirements take effect will be based on then-current requirements. If the education requirements change after the Board has notified the applicant that his or her education satisfies the Board's requirements but before the applicant submits an application, the applicant must meet any additional education requirements before the application will be processed.
(c) [(b)] The Texas Appraiser
Licensing and Certification Board adopts by reference the following
forms [approved by the Board and] published by and
available from the Board, P.O. Box 12188, Austin, Texas 78711-2188,
www.talcb.state.tx.us:
(1) Application for Appraiser License, TALCB Form AL-0;
(2) Application for Certification--Certified Residential Appraiser, TALCB Form CRA-0;
(3) Application for Certification--Certified General Appraiser, TALCB Form CGA-0;
(4) Application for Certification or License by Reciprocity, TALCB Form CLR-0;
(5) Application for Approval as an Appraiser Trainee, TALCB Form AAT-0;
(6) Application for Provisional Appraiser License, TALCB Form PAL-0;
(7) Affidavit Declining Sponsorship, TALCB Form ADS-0;
(8) Application for Temporary Non-Resident Appraiser Registration, TALCB Form TNAR-0;
(9) Request for Extension of Temporary Non-Resident Appraiser Registration, TALCB Form NRE-0;
(10) Request for Inactive Status (For Currently Certified or Licensed Appraisers), TALCB Form RIS-0;
(11) Request for Inactive Status (For Expired Certification of License Within One Year of Expiration Date), TALCB Form RISE-0;
(12) Request for Active Status, TALCB Form RAS-0;
(13) ACE Extension Request, TALCB Form AER-0;
(14) Change of Address, TALCB Form COA-0;
(15) Addition or Termination of Appraiser Trainee Sponsorship, TALCB Form ATS-0;
(16) Appraiser Experience Affidavit, TALCB Form AEA-0;
(17) Appraisal Experience Explanation, TALCB Form AEE-0;
[(1) Application for Appraiser Certification
or Licensing, TALCB Form ACL 1-1 (10/07);]
[(2) Application for Provisional Appraiser
License, TALCB Form APL 2-1 (10/07);]
[(3) Affidavit Declining Sponsorship,
TALCB Form ADS 2A-0 (804);]
[(4) Application for Approval as an
Appraiser Trainee, TALCB Form AAT 3-1 (10/07);]
[(5) Supplement to Application for
Appraiser Certification or Licensing by Reciprocity, TALCB Form ACR
4-1 (10/07);]
[(6) Temporary Non-Resident Appraiser
Registration, TALCB Form TRN 5-1 (10/07);]
[(7) Extension of Non-Resident Temporary
Practice Registration, TALCB Form NRE 5E-1 (10/07);]
[(8) Appraiser Experience Affidavit,
TALCB Form AEA 6-0 (804);]
(18) [(9)] Appraiser Experience
Log, TALCB Form AEL 7-1 (10/08); and
[(10) Addition or Termination of Appraiser
Trainee Sponsorship, TALCB Form TAT 8-0 (804);]
[(11) Change of Office Address, TALCB Form COA 9-0 (804);]
(19) [(12)] Request for Course
Approval and Renewal, TALCB Form CAR 10.0 (804).[;]
[(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) Request for Inactive Status
Form (For Currently Certified or State Licensed Appraisers;]
[(16) Request for Active Status Form; and]
[(17) Appraisal Experience Explanation, TALCB Form AEE 6A-0 (804).]
(d) [(c)] An application may
be considered void and subject to no further evaluation or processing
if an applicant fails to provide information or documentation within
60 days after the Board makes written request for the information
or documentation.
(e) [(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).
(f) [(e)] The Board may deny
certification, licensing, approval as an appraiser trainee, or registration
for non-resident temporary practice to an applicant who fails to satisfy
the Board [board
] as to the applicant's honesty, trustworthiness, and integrity.
(g) [(f)] The Board may deny
certification, licensure, approval as an appraiser trainee, or registration
for non-resident temporary practice to an applicant who submits incomplete,
false, or misleading information on the application or supporting
documentation.
(h) [(g)] An application shall
be considered void and subject to no further evaluation or processing
if the applicant fails to provide acceptable documentation that all
requirements for licensure, certification, or approval as an appraiser
trainee have been met within one year of the date the application
was received by the Board.
(i) [(h)] When an application
is denied by the Board, no subsequent application will be accepted
within one year of the application denial.
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 May 15, 2009.
TRD-200901921
Devon V. Bijansky
Counsel
Texas Appraiser Licensing and Certification Board
Earliest possible date of adoption: June 28, 2009
For further information, please call: (512) 465-3900