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Historical Rule for the Texas Administrative Code

TITLE 22EXAMINING BOARDS
PART 8TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD
CHAPTER 153RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT
RULE §153.11Examinations

(a) Examinations shall be administered in accordance with the provisions of this section and the Act. Any examination conducted by a testing service under contract with the board shall be conducted in accordance with the procedures specified in the contract.

(b) Each examination shall be consistent with the examination criteria and examination content outline of the Appraiser Qualifications Board (AQB) for the category of license or certification sought. Each applicant must achieve a passing score acceptable to the AQB on the examination to become licensed or certified. An applicant may file an application to take the examination on the form approved by the board or on a form required by the testing service under contract with the board. In either case, the applicant shall submit the $61.00 examination fee as instructed. The board shall require the contracted testing service to notify each person taking an examination whether the person has passed or failed the examination not later than the 31st day after the examination date. If notification of the examination results will be delayed for more than 90 days after the examination date, the board shall notify each examinee of the reason for the delay not later than the 90th day after the examination date. The results of the examination are confidential.

(c) If an applicant fails the examination, the applicant must apply to take the examination again and pay the appropriate fee within one year from the original application. If the applicant has not satisfied all examination requirements within one year from the time the board accepted an application for filing, the application is terminated and a new application is required.

(d) Examinations shall be administered at locations designated by the board. Applicants may be assigned to an examination date and site. An applicant who is registered for an examination and fails to attend shall forfeit the examination fee.

(e) To be authorized for admittance to an examination, the applicant must present to the examination proctor appropriate documentation required by the testing service under contract with the board. Admission tickets may specify a date, time, and location for the examination and the admission documents will be valid only for that date. In addition to the admission ticket, examination proctors shall require official photo-bearing personal identification of individuals appearing for an examination and shall deny entrance to anyone who cannot provide adequate identification. Proctors may refuse admittance to an examinee or dismiss an examinee prior to the completion of the examination, if in the proctor's opinion, the individual's conduct or demeanor is such that the proctor feels the individual would be a disruptive influence on the other examinees. Proctors may assign a specific seat or desk to each examinee. Proctors may require that an examinee be reseated during the course of the examination. Proctors may refuse admittance to an examinee who reports to the proctor for admittance to the examination after the time the examination is scheduled to begin.

(f) Examinees are permitted to use slide rules or silent, battery-operated, electronic, pocket-sized calculators. If a calculator has printout capability, the use of the calculator must be approved by the examination proctor prior to the examination.

(g) Special examinations based on verified physical limitations or other good cause as determined by the board may be arranged for individual applicants. Requests for special examinations will be handled individually and may require medical verification or confirmation.

(h) Examinees shall comply with all instructions from the board, an examination proctor, or the testing service under contract with the board. Proctors may confiscate examination materials of an examinee giving or receiving or attempting to give or receive unauthorized assistance or answers to examination questions and such examinee will be dismissed from the examination session with a failing grade. Dismissal may result in disapproval of an application. The board, or the testing service under contract with the board, may file theft charges against any person who removes or attempts to remove an examination or any portion thereof or any written material furnished with the examination whether by actual physical removal or by transcription. The board may deny, suspend, or revoke a license or certification for disclosing to another person the content of any portion of an examination with the expectation that the disclosed information would be used by or made available to another applicant.

(i) Examination by endorsement: An applicant for a state license or certification who has successfully passed an AQB approved competency examination, and is currently licensed or certified in another jurisdiction and in good standing, will not be required to retake the examination for the same level of licensure or certification to become certified or licensed in Texas. The applicant shall provide appropriate documentation as required.


Source Note: The provisions of this §153.11 adopted to be effective March 2, 1992, 17 TexReg 1231; amended to be effective November 10, 1993, 18 TexReg 7542; amended to be effective March 1, 1997, 22 TexReg 1717; amended to be effective January 1, 2006, 30 TexReg 8689; amended to be effective December 31, 2007, 32 TexReg 9987; amended to be effective November 9, 2008, 33 TexReg 8943

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