Texas Register

TITLE 22 EXAMINING BOARDS
PART 8TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD
CHAPTER 153RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT
RULE §153.18Appraiser Continuing Education (ACE)
ISSUE 10/05/2018
ACTION Proposed
Preamble Texas Admin Code Rule

(a)The purpose of ACE is to ensure that license holders participate in programs that maintain and increase their skill, knowledge, and competency in real estate appraising.

(b)To renew a license, a license holder must successfully complete the equivalent of at least 28 classroom hours of ACE courses approved by the Board, including the 7-hour National USPAP Update course during the license holder's continuing education cycle. The courses must comply with the requirements set out in subsection (d) of this section.

(c)Until August 31, 2019, the [The] Board will base its review and approval of ACE courses upon the appraiser qualifications criteria of the AQB.

(d)The following types of courses may be accepted for ACE:

  (1)A course that meets the requirements for licensing also may be accepted for ACE if:

    (A)The course is devoted to one or more of the appraisal related topics of the appraiser qualifications criteria of the AQB for continuing education;

    (B)the course was not repeated within the license holder's continuing education cycle; and

    (C)the course is at least two hours in length.

  (2)The Board will accept as ACE any continuing education course that has been approved by the AQB course approval process or by another state appraiser licensing and certification board.

    (A)Until August 31, 2019, course [Course] providers may obtain prior approval of ACE courses by filing forms approved by the Board and submitting a letter indicating that the course has been approved by the AQB under its course approval process or by another state appraiser licensing and certification board.

    (B)Until August 31, 2019, approval [Approval ] of a course based on AQB approval expires on the date the AQB approval expires and is automatically revoked upon revocation of the AQB approval.

    (C)Until August 31, 2019, approval [Approval ] of a course based on another state licensing and certification board shall expire on the earlier of the expiration date in the other state, if applicable, or two years from Board approval and is automatically revoked upon revocation of the other state board's approval.

  (3)Until August 31, 2019, distance [Distance ] education courses may be accepted as ACE if:

    (A)The course is:

      (i)Approved by the Board;

      (ii)Presented by an accredited college or university that offers distance education programs in other disciplines; or

      (iii)Approved by the AQB under its course approval process; and

    (B)The student successfully completes a written examination proctored by an official approved by the presenting college, university, or sponsoring organization consistent with the requirements of the course accreditation; and

    (C)A minimum number of hours equal to the hours of course credit have elapsed between the time of course enrollment and completion.

(e)Until August 31, 2019, to [To] satisfy the USPAP ACE requirement, a course must:

  (1)be the 7-hour National USPAP Update Course or its equivalent, as determined by the AQB;

  (2)use the current edition of the USPAP;

  (3)ensure each student has access to [provide each student with] his or her own paper or electronic copy of the current USPAP; and

  (4)be taught by at least one instructor who is an AQB-certified USPAP instructor and also licensed as a certified general or certified residential appraiser.

(f)Until August 31, 2019, providers[Providers ] of USPAP ACE courses may include up to one additional hour of supplemental Texas specific information. This may include topics such as the Act, Board Rules, processes and procedures, enforcement issues, or other topics deemed appropriate by the Board.

(g)Up to one half of a license holder's ACE requirements may be satisfied through 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 an ACE course, educational program development, authorship of real estate appraisal textbooks, or similar activities that are determined by the Board to be equivalent to obtaining ACE.

(h)The following types of courses or activities may not be counted toward ACE requirements:

  (1)Teaching the same ACE course more than once per license renewal cycle;

  (2)"In house" education or training; or

  (3)Appraisal experience.

(i)ACE credit for attending a Board meeting.

  (1)The Board may award a minimum of two hours and up to a maximum of 4 hours of ACE credit to a current license holder for attending the Board meeting held in February of an even numbered year.

  (2)The hours of ACE credit to be awarded will depend on the actual length of the Board meeting.

  (3)ACE credit will only be awarded in whole hour increments. For example, if the Board meeting is 2 and one half hours long, only 2 hours of ACE credit will be awarded.

  (4)To be eligible for ACE credit for attending a Board meeting, a license holder must:

    (A)Attend the meeting in person;

    (B)Attend the entire meeting, excluding breaks;

    (C)Provide photo identification; and

    (D)Sign in and out on the class attendance roster for the meeting.

  (5)No ACE credit will be awarded to a license holder for partial attendance.

(j)ACE credit for attending presentations by current Board members or staff. As authorized by law, current members of the Board and Board staff may teach or guest lecture as part of an approved ACE course. To obtain ACE credit for attending a presentation by a current Board member or Board staff, the course provider must submit the applicable form and satisfy the requirements for ACE course approval in this section.

(k)Until August 31, 2019, if [If] the Board determines that an ACE course no longer complies with the requirements for approval, it may suspend or revoke the approval. Proceedings to suspend or revoke approval of a course shall be conducted in accordance with the Board's disciplinary provisions for licenses.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on September 17, 2018

TRD-201804023

Kristen Worman

General Counsel

Texas Appraiser Licensing and Certification Board

Earliest possible date of adoption: November 4, 2018

For further information, please call: (512) 936-3652



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