Emergency Sections An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing, for no more than 120 days. The emergency action is renewable once for no more than 60 days. Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 22. EXAMINING BOARDS Part VIII. Texas Appraiser Licensing and Certification Board Chapter 153. Provisions of the Texas Appraiser Licensing and Certification Act 22 TAC sec.153.9 The Texas Appraiser Licensing and Certification Board adopts on an emergency basis an amendment to sec.153.9, concerning applications. The amendment revises the application forms for a state certification or license, and for approval as an appraiser trainee. In addition to editorial changes, the proposed amendment would incorporate into the application form a statement concerning the possible non-renewal of a license, certification, or approval issued from that application for those who are in default on TGSLC loans, pursuant to proposed 22 TAC sec.153.17(h) and the Texas Education Code, sec.57. 491. Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 United States Code, sec.sec.3331 et seq) mandates that the States certify, license, and regulate real estate appraisers and adopt standards consistent with federal law and guidelines. State certified and licensed appraisers must be used in conjunction with federally related transactions after December 31, 1992. The amendment is adopted on an emergency basis under the Texas Appraiser Licensing and Certification Act, Article 6573a.2, Texas Civil Statutes, which provides the Texas Appraiser Licensing and Certification Board with authority to adopt rules and regulations necessary for the performance of its duties. sec.153.9. Applications. (a) (No change.) (b) The Texas Appraiser Licensing and Certification Board adopts by reference the following forms approved by the board in 1991 and 1993,
    and published by and available from the board, P.O. Box 12188, Austin, Texas 78711- 2188: (1) TALCB Form 1.1
      [1.0], Application for Appraiser Certification or
        [,] Licensing and Examination; (2)-(3) (No change.) (4) TALCB Form 4.2
          [4.0], Application for Approval as an Appraiser Trainee. (5)-(8) (No change.) (c)-(f) (No change.) Issued in Austin, Texas, on February 1, 1993. TRD-9318387 Renil C. Liner Commissioner Texas Appraiser Licensing and Certification Board Effective date: February 1, 1993 Expiration date: May 2, 1993 For further information, please call: (512) 465-3950 22 TAC sec.153.17 The Texas Appraiser Licensing and Certification Board adopts on an emergency basis an amendment to sec.153.17, concerning Renewal of Certification, License, or Trainee Approval; Continuing Education. Section 153.17(g), concerning Renewal of Licenses or Certification for Servicemen on Active Duty Outside the State, is necessary for the board to comply with House Bill 1393, 72nd Legislature, 1991. The amended subsection permits a licensee or certificate holder on active military duty to renew an expired license or certification by documenting active duty outside the state, applying for renewal within 90 days after the active duty ends, paying the renewal fee in effect when the license or certification expired, and satisfying any education or experience requirements that would have been imposed for a timely renewal. Section 153.17(h), concerning Denial of Licensing and Certification of Persons who are in Default on TGSLC Loans, provides that license and certification renewals are subject to the Texas Education Code, sec.57.491, and that the board must give notice and opportunity for a hearing prior to declining to renew a license or certification for defaulting on a TGSLC loan or a repayment agreement. The subsection also requires the board to advise licensees or certificate holders of the effect of a default on subsequent license or certification renewals. Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 United States Code, sec.sec.3331 et seq) mandates that the States certify, license, and regulate real estate appraisers and adopt standards consistent with federal law and guidelines. State certified and licensed appraisers must be used in conjunction with federally related transactions after December 31, 1992. The amendment is adopted on a emergency basis under the Texas Appraiser Licensing and Certification Act, Article 6573a.2, Texas Civil Statutes, which provides the Texas Appraiser Licensing and Certification Board with authority to adopt rules and regulations necessary for the performance of its duties. sec.153.17. Renewal of Certification, License, or Trainee Approval; Appraiser Continuing Education. (a)-(f) (No change.) (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 official 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. (2) Appraiser continuing education requirements that would have been imposed for a timely renewal shall be deferred under this section to the next renewal of a license or certification. (h) Denial of Licensing and Certification of Persons who are in Default on Texas Guaranteed Student Loan Corporation (TGSLC) Loans. Renewals of licenses and certifications issued by the Board are subject to the policies established by the Texas Education Code, sec.57.491. Before the Board declines to renew a license or certification due to default on a loan guaranteed by 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 Texas Civil Statutes, Article 6252-13a, s18. 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. Issued in Austin, Texas, on February 1, 1993. TRD-9318384 Renil C. Liner Commissioner Texas Appraiser Licensing and Certification Board Effective date: February 1, 1993 Expiration date: May 2, 1993 For further information, please call: (512) 465-3950 22 TAC sec.153.19. The Texas Appraiser Licensing and Certification Board adopts on an emergency basis an amendment to 22 TAC sec.153.19, concerning Licensing and Certification of Persons with Criminal Backgrounds. The section prohibits those who are incarcerated from obtaining or renewing a license or certification; provides for the suspension or revocation of an existing license or certification because of a conviction of a felony or misdemeanor; provides the rationale for honesty, trustworthiness, and reliability to protect the public; provides factors which the Board may consider in determining the fitness of a person to become licensed or certified; and requires the applicant to be responsible for securing and providing the Board with necessary information for the Board's determination. Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 United States Code, sec.sec.3331 et seq) mandates that the States certify, license, and regulate real estate appraisers and adopt standards consistent with federal law and guidelines. State certified and licensed appraisers must be used in conjunction with federally related transactions after December 31, 1992. The amendment is adopted on an emergency basis under the Texas Appraiser Licensing and Certification Act, Article 6573a.2, Texas Civil Statutes, which provides the Texas Appraiser Texas Appraiser Licensing and Certification Board with authority to adopt rules and regulations necessary for the performance of its duties. sec.153.19. Licensing and Certification of Persons with Criminal Backgrounds [Criminal Offense Guidelines]. (a) No currently incarcerated individual will be eligible to obtain or renew an appraiser license or certification. (b) As provided in Texas Civil Statutes, Article 6252-13c, the Board may suspend or revoke an existing valid license or certification, disqualify an individual from receiving a license or certification, or deny to a person the opportunity to be examined for a license or certification because of a person's conviction of a felony or misdemeanor if the crime directly relates to the duties and responsibilities of the licensed or certified occupation. The Board shall revoke the license or certification of an individual upon his felony conviction, felony probation revocation, revocation of parole, or revocation of mandatory supervision. (c) The Texas Appraiser Licensing and Certification Board considers it very important that persons who are licensed or certified, persons who are candidates to be licensed or certified, and persons who are training to be licensed or certified, be honest, trustworthy and reliable. The public necessarily reposes a great deal of trust and reliance upon licensed and certified appraisers because of the complex nature of appraisal valuation, and such relationship should not be undermined. When entering onto another's business or residential property or when representing the interests of another, an appraiser must have the ability to conduct himself or herself with honesty, trustworthiness, reliability, and integrity. Thus, the
            [The Texas Appraiser Licensing and Certification] Board deems the following felonies and misdemeanors directly related to the occupation of licensed or certified appraisers or appraiser trainees: (1)-(3) (No change.) (4) offenses involving the sale or other disposition of real or personal property belonging to another without
              [with] authorization of law; (5)-(6) (No change.) (d) In determining whether a criminal offense is directly related to an occupation, the Board shall consider the following factors: (1) the nature and seriousness of the crime; (2) the relationship of the crime to the purposes for requiring a license or certification to engage in the occupation; (3) the extent to which a license or certification might offer an opportunity to engage in further criminal activity of the same type as that in which the person previously had been involved; and (4) the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of the licensed or certified occupation. (e) In addition to the factors that may be considered under subsection (b) of this section the Board, in determining the present fitness of a person who has been convicted of a crime, shall consider the following evidence: (1) the extent and nature of the person's past criminal activity;

              (2) the age of the person at the time of the commission of the crime; (3) the amount of time that has elapsed since the person's last criminal activity; (4) the conduct and work activity of the person prior to and following the criminal activity; (5) evidence of the person's rehabilitation or rehabilitative effort while incarcerated or following release; and (6) other evidence of the person's present fitness including letters of recommendation from: prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial responsibility for the person; the sheriff and chief of police in the community where the person resides; and any other persons in contact with the convicted person. (f) It shall be the responsibility of the applicant to the extent possible to secure and provide the Board the recommendations of the prosecution, law enforcement, and correctional authorities; the applicant shall also furnish proof in such form as may be required by the Board that he or she has maintained a record of steady employment and has supported his or her dependents and has otherwise maintained a record of good conduct and has paid all outstanding court costs, supervision fees, fines, and restitution as may have been ordered in all criminal cases in which he or she has been convicted. Issued in Austin, Texas, on February 1, 1993. TRD-9318385 Renil C. Liner Commissioner Texas Appraiser Licensing and Certification Board Effective date: February 1, 1993 Expiration date: May 2, 1993 For further information, please call: (512) 465-3950 22 TAC sec.153.20 The Texas Appraiser Licensing and Certification Board adopts on an emergency basis new sec.153.20, concerning Guidelines for Revocation and Suspension; Investigation. The section defines specific actions by licensees which may be cause for suspension or revocation of a license or certification; provides for Board discretion in determining appropriate penalties but restricts some infractions to specific penalties; provides that provisions of this rule do not relieve a licensee from civil liability or criminal prosecution; provides for complaints and investigations; prohibits undercover or covert investigations and anonymous complaints; holds Board members and employees harmless with respect to disclosures made to the Board in connection with any complaints; and provides for notice and referral of contested cases to the State Office of Administrative Hearings. Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 United States Code, sec.sec.3331 et seq) mandates that the States certify, license, and regulate real estate appraisers and adopt standards consistent with federal law and guidelines. State certified and licensed appraisers must be used in conjunction with federally related transactions after December 31, 1992. The new section is adopted on an emergency basis under the Texas Appraiser Licensing and Certification Act, Article 6573a.2, Texas Civil Statutes, which provides the Texas Appraiser Licensing and Certification Board with authority to adopt rules and regulations necessary for the performance of its duties. sec.153.20. Guidelines for Revocation and Suspension; Investigation. (a) The Texas Appraiser Licensing and Certification Board (the Board) may suspend or revoke a license or certification issued under provisions of the Texas Appraiser Licensing and Certification Act (the Act) at any time when it has been determined that the person holding the license or certification: (1) has been convicted of a felony; (2) has disregarded or violated a provision of the Act or of the Rules of the Texas Appraiser Licensing and Certification Board; (3) has acted or held himself or any other person out as a licensed or certified real estate appraiser under the Act when not so licensed or certified; (4) has accepted payment of appraisal services and has failed to deliver the agreed service in the agreed upon manner; (5) has refused to refund payment received for appraisal services when he or she has failed to deliver the appraisal service in the agreed upon manner; (6) has accepted payment for services contingent upon a minimum, maximum, or pre-agreed value estimate; (7) has offered to perform appraisal services or has agreed to perform such services when employment to perform such services is contingent upon a minimum, maximum, or pre-agreed value estimate; (8) has made a willful or grossly negligent misrepresentation or any willful or grossly negligent omission of material fact; (9) has had a license or certification as an appraiser revoked, suspended, or otherwise acted against by any other jurisdiction for an act which is an offense under Texas law; (10) is confined in any county jail, post adjudication; is confined in any state or federal prison or mental institution; or through mental disease or deterioration, can no longer safely be entrusted to deal with the public or in a confidential capacity; (11) has procured license or certification pursuant to the Act by making false or fraudulent representation; (12) has failed to actively, personally, and diligently supervise an appraiser trainee under his or her sponsorship or any person not licensed or certified under the Act who assists the licensee or certificate holder in performing real estate appraisals; (13) has had a final civil judgement entered against him or her on grounds of fraud or willful or grossly negligent misrepresentation in the making of an appraisal of real estate. (b) The Board has discretion in determining the appropriate penalty for any violation under subsection (a) of this section with the following restrictions. (1) Penalty for an offense under subsection (a)(l) of this section shall be immediate revocation of a license or certification pursuant to Texas Civil Statutes, Article 6252-13c(4)(e). (2) Penalty for an offense under subsection (a)(3) of this section shall be suspension or withholding of license or certification for a period not to exceed two years. (3) Penalty for a first violation under subsection (a)(4) of this section shall be suspension of license or certification for a period not to exceed 60 days. (4) Penalty for a second violation under subsection (a)(4) of this section shall be suspension of license or certification for a period not to exceed one year. (5) Penalty for a third violation under subsection (a)(4) of this section shall be suspension of license or certification for a period not to exceed three years. (6) Penalty for an offense of either subsection (a)(6) or (7) of this section shall be suspension of license or certification not to exceed a period of three years. (c) The provisions of this section do not relieve a person from civil liability or from criminal prosecution under the Act or under the laws of this State. (d) The Board may direct the commissioner, on signed complaint in writing or upon the Board's own motion, to investigate the actions and appropriate records of a state licensed real estate appraiser, a state certified real estate appraiser, or an appraiser trainee. (e) The commissioner may ask for inspection of an appraiser's books and records relative to a specific complaint or investigation. The appraiser must produce the specified documents within 60 days of the request. (f) The Board may not investigate under this section a complaint submitted more than two years after the date of discovery of the incident involving the state licensed real estate appraiser, state certified real estate appraiser, or appraiser trainee that is the subject of the complaint. (g) Notwithstanding any other provision of the Act, there shall be no undercover or covert investigations conducted by authority of the Act. No investigations of licensees or certificate holders or any other actions against licensees or certificate holders shall be initiated on the basis of anonymous complaints whether in writing or otherwise, but shall be initiated only upon the Board's own motion or a signed written complaint. Upon the adoption of such a motion by the Board or upon receipt of such complaint, the licensee or certificate holder shall be notified promptly and in writing unless the Board itself, after due consideration determines otherwise. (h) All Board members, officers, directors, and employees of this agency shall be held harmless with respect to any disclosures made to the Board in connection with any complaints filed with the Board. (i) If the board determines to take further action, notice of a hearing shall be given in accordance with sec.151.17 of this title (relating to Notice of Hearing); and any further proceedings shall be considered to be a contested case and to be governed by the Administrative Procedures and Texas Register Act, Article 6252-13a. The hearing shall be conducted by the State Office of Administrative Hearings pursuant to Texas Civil Statutes, Article 6252-13f, and Chapter 155 of this title (relating to Standards of Practice). Issued in Austin, Texas, on February 1, 1993. TRD-9318386 Renil C. Liner Commissioner Texas Appraiser Licensing and Certification Board Effective date: February 1, 1993 Expiration date: May 2, 1993 For further information, please call: (512) 465-3950