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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 §153.9Applications

(a) A person desiring to be certified or licensed as an appraiser, approved as an appraiser trainee, or registered as a temporary out-of-state appraiser shall file an application using forms prescribed by the Board or the Board's online application system, if available. The Board may decline to accept for filing an application that is materially incomplete or that is not accompanied by the appropriate fee. Except as provided by the Act, the Board may not grant a certification, license or approval of trainee status to an applicant who has not:

  (1) paid the required fees;

  (2) satisfied any experience and education requirements established by the Act or by these sections;

  (3) successfully completed any qualifying examination prescribed by the board;

  (4) provided all supporting documentation or information requested by the board in connection with the application;

  (5) satisfied all unresolved enforcement matters and requirements with the board; and

  (6) met any additional or superseding requirements established by the Appraisal Qualifications Board.

(b) 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.

(c) 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 or Extension of Certification and License or Renewal of Trainee Approval).

(d) The Board may deny certification, licensing, approval as an appraiser trainee, or registration for out-of-state temporary practice to an applicant who fails to satisfy the board as to the applicant's honesty, trustworthiness, and integrity.

(e) The Board may deny certification, licensure, approval as an appraiser trainee, or registration for out-of-state temporary practice to an applicant who submits incomplete, false, or misleading information on the application or supporting documentation.

(f) When an application is denied by the Board, no subsequent application will be accepted within one year of the application denial.

(g) This subsection applies to an applicant who is the spouse of a person serving on active duty as a member of the armed forces of the United States.

  (1) The board may issue a certificate or license to an applicant described under this subsection who:

    (A) holds a current certificate or license issued by another state that has licensing requirements that are substantially equivalent to the requirements for the certificate or license; or

    (B) within the five years preceding the application date held the certificate or license in this state that expired while the applicant lived in another state for at least six months.

  (2) The board may allow an applicant described under paragraph (1) of this subsection to demonstrate competency by alternative methods in order to meet the requirements for obtaining a particular certificate or license issued by the board. For purposes of this subsection, the standard method of demonstrating competency is the specific examination, education, and/or experience required to obtain a particular certificate or license.

  (3) In lieu of the standard method(s) of demonstrating competency for a particular certificate or license and based on the applicant's circumstances, the alternative methods for demonstrating competency may include any combination of the following as determined by the board:

    (A) education;

    (B) continuing education;

    (C) examinations (written and/or practical);

    (D) letters of good standing;

    (E) letters of recommendation;

    (F) work experience; or

    (G) other methods required by the commissioner.

  (4) The commissioner may issue a certificate or license by endorsement in the same manner as the board to an applicant described under paragraph (1) of this subsection.

  (5) The applicant described under paragraph (1) of this subsection shall submit an application and proof of the requirements under this subsection and for that particular certificate or license on a form and in a manner prescribed by the board.

  (6) The applicant described under paragraph (1) of this subsection shall submit the applicable fee(s) required for that particular certificate or license.


Source Note: The provisions of this §153.9 adopted to be effective March 2, 1992, 17 TexReg 1231; amended to be effective April 1, 1993, 18 TexReg 1680; amended to be effective November 10, 1993, 18 TexReg 7542; amended to be effective July 21, 1994, 19 TexReg 5354; amended to be effective March 1, 1995, 19 TexReg 10357; amended to be effective March 1, 1997, 22 TexReg 1717; amended to be effective March 31, 1999, 24 TexReg 2351; amended to be effective November 17, 1999, 24 TexReg 10090; amended to be effective April 1, 2001, 26 TexReg 2163; amended to be effective September 30, 2004, 29 TexReg 9188; amended to beeffective July 25, 2005, 30 TexReg 4212; amended to be effective January 1, 2006, 30 TexReg 8689; amended to be effective June 6, 2006, 31 TexReg 4624; amended to be effective October 30, 2007, 32 TexReg 7687; amended to be effective November 9, 2008, 33 TexReg 8942; amended to be effective November 10, 2009, 34 TexReg 7806; amended to be effective September 20, 2010, 35 TexReg 8496; amended to be effective September 12, 2012, 37 TexReg 7174

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