(a) This rule is effective September 1, 2019.
(b) Definitions. The following words and terms shall
have the following meanings, unless the context clearly indicates
otherwise.
(1) Applicant--A person seeking accreditation or approval
to be an appraiser continuing education (ACE) provider or instructor.
(2) ACE--Appraiser continuing education.
(3) ACE course--Any education course for which continuing
education credit may be granted by the Board to a license holder.
(4) ACE provider--Any person approved by the Board;
or specifically exempt by the Act, Chapter 1103, Texas Occupation
Code, or Board rule; that offers a course for which continuing education
credit may be granted by the Board to a license holder.
(5) Classroom course--A course in which the instructor
and students interact face to face, in real time and in the same physical
location.
(6) Distance education course--A course offered in
accordance with AQB criteria in which the instructor and students
are geographically separated.
(c) Approval of ACE Providers.
(1) A person seeking to offer ACE courses must:
(A) file an application on the appropriate form approved
by the Board, with all required documentation;
(B) pay the required fees under §153.5 of this
title; and
(C) maintain a fixed office in the state of Texas or
designate a resident of this state as attorney-in-fact to accept service
of process and act as custodian of any records in Texas which the
continuing education provider is required to maintain by this subchapter.
(2) The Board may:
(A) request additional information be provided to the
Board relating to an application; and
(B) terminate an application without further notice
if the applicant fails to provide the additional information within
60 days from the Board's request.
(3) Standards for approval. To be approved by the Board
to offer ACE courses, an applicant must satisfy the Board as to the
applicant's ability to administer courses with competency, honesty
trustworthiness and integrity. If an applicant proposes to employ
another person to manage the operation of the applicant, that person
must meet this standard as if that person were the applicant.
(4) Approval notice. An applicant shall not act as
or represent itself to be an approved ACE provider until the applicant
has received written notice of the approval from the Board.
(5) Period of initial approval. The initial approval
of a CE provider is valid for two years.
(6) Disapproval.
(A) If the Board determines that an applicant does
not meet the standards for approval, the Board will provide written
notice of disapproval to the applicant.
(B) The disapproval notice, applicant's request for
a hearing on the disapproval, and any hearing are governed by the
Administrative Procedure Act, Chapter 2001, Government Code, and Chapter
157 of this title. Venue for any hearing conducted under this section
shall be in Travis County.
(7) Subsequent approval.
(A) Not earlier than 90 days before the expiration
of its current approval, an approved provider may apply for subsequent
approval for another two year period.
(B) Approval or disapproval of a subsequent application
shall be subject to the standards for initial applications for approval
set out in this section.
(d) Application for approval of ACE courses. This subsection
applies to appraiser education providers seeking to offer ACE courses.
(1) For each ACE course an applicant intends to offer,
the applicant must:
(A) file an application on the appropriate form approved
by the Board, with all required documentation; and
(B) pay the fees required by §153.5 of this title,
including the:
(i) base fee; and
(ii) content review fee.
(2) An ACE provider may file a single application for
an ACE course offered through multiple delivery methods.
(3) An ACE provider who seeks approval of a new delivery
method for a currently approved ACE course must submit a new application
and pay all required fees.
(4) The Board may:
(A) request additional information be provided to the
Board relating to an application; and
(B) terminate an application without further notice
if the applicant fails to provide the additional information within
60 days from the Board's request.
(5) Standards for ACE course approval.
(A) To be approved as an ACE course by the Board, the
course must:
(i) cover subject matter appropriate for appraiser
continuing education as defined by the AQB;
(ii) submit a statement describing the objective of
the course and the acceptable AQB topics covered;
(iii) be current and accurate; and
(iv) be at least two hours long.
(B) The course must be presented in full hourly units.
(C) The course must be delivered by one of the following
delivery methods:
(i) classroom delivery; or
(ii) distance education.
(D) The course design and delivery mechanism for all
distance education courses must be approved by an AQB approved organization.
(6) Approval notice.
(A) An ACE provider cannot offer an ACE course until
the provider has received written notice of the approval from the
Board.
(B) An ACE course expires two years from the date of
approval. ACE providers must reapply and meet all current requirements
of this section to offer the course for another two years.
(e) Approval of currently approved ACE course for a
secondary provider.
(1) If an ACE provider wants to offer an ACE course
currently approved for another provider, the secondary provider must:
(A) file an application on the appropriate form approved
by the Board, with all required documentation;
(B) submit written authorization to the Board from
the author or provider for whom the course was initially approved
granting permission for the secondary provider to offer the course;
and
(C) pay the fees required by §153.5 of this title,
including:
(i) base fee; and
(ii) content review fee.
(2) If approved to offer the currently approved course,
the secondary provider must:
(A) offer the course as originally approved;
(B) assume the original expiration date;
(C) include any approved revisions;
(D) use all materials required for the course; and
(E) meet the requirements of subsection (j) of this
section.
(f) Approval of ACE courses currently approved by the
AQB or another state appraiser regulatory agency.
(1) To obtain Board approval of an ACE course currently
approved by the AQB or another state appraiser regulatory agency,
an ACE provider must:
(A) be currently approved by the Board as an ACE provider;
(B) file an application on the appropriate form approved
by the Board, with all required documentation; and
(C) pay the course approval fee required by §153.5
of this title.
(2) If approved to offer the ACE course, the ACE provider
must offer the course as approved by the AQB or other state appraiser
regulatory agency, using all materials required for the course.
(3) Any course approval issued under this subsection
expires the earlier of two years from the date of Board approval or
the remaining term of approval granted by the AQB or other state appraiser
regulatory agency.
(g) Approval of ACE courses for a 2-hour in-person
one-time offering.
(1) To obtain Board approval of a 2-hour ACE course
for an in-person one-time offering, an ACE provider must:
(A) be currently approved by the Board as an ACE provider;
(B) file an application on the appropriate form approved
by the Board, with all required documentation; and
(C) pay the one-time offering course approval fee required
by §153.5 of this title.
(2) Any course approved under this subsection is limited
to the scheduled presentation date stated on the written notice of
course approval issued by the Board.
(h) Application for approval to offer a 7-Hour National
USPAP Update course.
(1) To obtain approval to offer a 7-Hour National USPAP
Update course, the provider must:
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