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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 §153.15Experience Required for Licensing

(a) An applicant for a certified general real estate appraiser license must provide evidence satisfactory to the Board that the applicant possesses the equivalent of 3,000 hours of real estate appraisal experience over a minimum of 30 months. At least 1,500 hours of experience must be in non-residential real estate appraisal work.

(b) An applicant for a certified residential real estate appraiser license must provide evidence satisfactory to the Board that the applicant possesses the equivalent of 2,500 hours of real estate appraisal experience over a minimum of 24 months.

(c) An applicant for a state real estate appraiser license must provide evidence satisfactory to the Board that the applicant possesses at least 2,000 hours of real estate appraisal experience over a minimum of twelve months.

(d) Experience by endorsement: An applicant who is currently licensed and in good standing in a state that has not been disapproved by the ASC is deemed to satisfy the experience requirements for the same level of license in Texas. The applicant must provide appropriate documentation as required by the Board.

(e) The Board awards experience credit in accordance with current criteria established by the AQB and in accordance with the provisions of the Act specifically relating to experience requirements. An hour of experience means 60 minutes expended in one or more of the acceptable appraisal experience areas. Calculation of the hours of experience is based solely on actual hours of experience. Hours may be treated as cumulative in order to achieve the necessary hours of appraisal experience. Any one or any combination of the following categories may be acceptable for satisfying the applicable experience requirement. Experience credit may be awarded for:

  (1) An appraisal or appraisal analysis when performed in accordance with Standards 1 and 2 and other provisions of the USPAP edition in effect at the time of the appraisal or appraisal analysis.

  (2) Mass appraisal, including ad valorem tax appraisal that:

    (A) conforms to USPAP Standard 6; and

    (B) demonstrates proficiency in appraisal principles, techniques, or skills used by appraisers practicing under USPAP Standard 1.

  (3) Appraisal review that:

    (A) conforms to USPAP Standard 3; and

    (B) demonstrates proficiency in appraisal principles, techniques, or skills used by appraisers practicing under USPAP Standard 1.

  (4) Appraisal consulting services, including market analysis, cash flow and/or investment analysis, highest and best use analysis, and feasibility analysis when it demonstrates proficiency in appraisal principles, techniques, or skills used by appraisers practicing under USPAP Standard 1 and performed in accordance with USPAP Standards 4 and 5.

(f) Experience credit may not be awarded for teaching appraisal courses.

(g) Recency of Experience.

  (1) The Appraisal Experience Log submitted by an applicant must include a minimum of 10 appraisal reports representing at least 10 percent of the hours and property type of experience required for each license category and for which an applicant seeks experience credit that have been performed within 5 years before the date an application is accepted for filing by the Board.

  (2) This requirement does not eliminate an applicant's responsibility to comply with the 5-year records retention requirement in USPAP.

(h) Experience credit for first-time applicants. Each applicant must submit a Board-approved Appraisal Experience Log and Appraisal Experience Affidavit listing each appraisal assignment or other work for which the applicant is seeking experience credit. The Board may grant experience credit for work listed on an applicant's Appraisal Experience Log that:

  (1) complies with the USPAP edition in effect at the time of the appraisal;

  (2) is verifiable and supported by:

    (A) work files in which the applicant is identified as participating in the appraisal process; or

    (B) appraisal reports that:

      (i) name the applicant in the certification as providing significant real property appraisal assistance; or

      (ii) the applicant has signed;

  (3) was performed when the applicant had legal authority to do so; and

  (4) complies with the acceptable categories of experience established by the AQB and stated in subsection (e) of this section.

(i) Experience credit for current licensed residential or certified residential license holders who seek to upgrade their license.

  (1) Applicants who currently hold a licensed residential or certified residential appraiser license issued by the Board and want to upgrade this license must:

    (A) submit an application on a Board-approved form;

    (B) submit a Board-approved Appraisal Experience Log and Appraisal Experience Affidavit listing each appraisal assignment or other work for which the applicant is seeking experience credit for the full amount of experience hours required for the license sought;

    (C) pay the appropriate application fee; and

    (D) satisfy any other requirement for the license sought, including but not limited to:

      (i) the incremental number of experience hours required;

      (ii) the hours of experience required for each property type;

      (iii) the minimum length of time over which the experience is claimed; and

      (iv) the recency requirement in this section.

  (2) Review of experience logs.

    (A) An applicant who seeks to upgrade a current license issued by the Board must produce experience logs to document 100 percent of the experience hours required for the license sought.

    (B) Upon review of an applicant's experience logs, the Board may, at its sole discretion, grant experience credit for the hours shown on the applicant's logs even if some work files have been destroyed because the 5-year records retention period in USPAP has passed.

(j) The Board may, at its sole discretion, accept evidence other than an applicant's Appraisal Experience Log and Appraisal Experience Affidavit to demonstrate experience claimed by an applicant.

(k) The Board must verify the experience claimed by each applicant generally complies with USPAP.

  (1) Verification may be obtained by:

    (A) requesting copies of appraisals and all supporting documentation, including the work files; and

    (B) engaging in other investigative research determined to be appropriate by the Board.

  (2) If the Board requests documentation from an applicant to verify experience claimed by an applicant, the applicant has 60 days to provide the requested documentation to the Board.

  (3) Failure to comply with a request for documentation to verify experience, or submission of experience that is found not to comply with the requirements for experience credit, is a violation of these rules and may result in denial of a license application, and any disciplinary action up to and including revocation.


Source Note: The provisions of this §153.15 adopted to be effective March 2, 1992, 17 TexReg 1231; amended to be effective August 17, 1992, 17 TexReg 5455; amended to be effective November 10, 1993, 18 TexReg 7542; amended to be effective September 1, 1995, 20 TexReg 6202; amended to be effective March 1, 1997, 22 TexReg 1717; amended to be effective November 17, 1999, 24 TexReg 10090; amended to be effective April 1, 2001, 26 TexReg 2163; amended to be effective January 1, 2003, 27 TexReg 11147; amended to be effective March 9, 2006, 31 TexReg 1650; amended to be effective August 28, 2007, 32 TexReg5368; amended to be effective December 27, 2010, 35 TexReg 11658; amended to be effective December 22, 2013, 38 TexReg 9048; amended to be effective September 7, 2014, 39 TexReg 6857; amended to be effective December 11, 2016, 41 TexReg 9707

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