| (a) 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.
(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.
(7) Severe weather--weather conditions, including but
not limited to severe thunderstorms, tornados, hurricanes, snow and
ice, that pose risks to life or property and require intervention
by government authorities and office or school closures.
(b) 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) Exempt Providers. A unit of federal, state or local
government may submit ACE course approvals without becoming an approved
ACE provider.
(4) 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.
(5) 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.
(6) Period of initial approval. The initial approval
of a CE provider is valid for two years.
(7) 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.
(8) Renewal.
(A) Not earlier than 90 days before the expiration
of its current approval, an approved provider may apply for renewal
for another two year period.
(B) Approval or disapproval of a renewal application
shall be subject to the standards for initial applications for approval
set out in this section.
(C) The Board may deny an application for renewal if
the provider is in violation of a Board order.
(c) 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.
(d) 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.
(e) 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.
(f) 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.
(3) If a course approved under this subsection must
be rescheduled due to circumstances beyond the provider's control,
including severe weather or instructor illness, the Board may approve
the revised course date if the provider:
(A) submits a request for revised course date on a
form acceptable to the Board; and
(B) offers the course on the revised date in the same
manner as it was originally approved.
(g) 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:
(A) be approved by the Board as an ACE provider;
(B) file an application on the appropriate form approved
by the Board, with all required documentation;
(C) submit written documentation to the Board demonstrating
that the course and instructor are currently approved by the AQB;
(D) pay the course approval fee required by §153.5
of this title;
(E) use the current version of the USPAP; and
(F) ensure each student has access to his or her own
electronic or paper copy of the current version of USPAP.
(2) Approved ACE providers of the 7-Hour National USPAP
Update course may include up to one additional classroom credit 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.
(h) Application for ACE course approval for a presentation
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 course approval for a presentation
by a Board member or staff, the provider must:
(1) file an application on the appropriate form approved
by the Board, with all required documentation; and
(2) pay the fees required by §153.5 of this title.
(i) Responsibilities and Operations of ACE providers.
(1) ACE course examinations:
(A) are required for ACE distance education courses;
and
(B) must comply with AQB requirements.
(2) Course evaluations. A provider shall provide each
student enrolled in an ACE course a course evaluation form approved
by the Board and a link to an online version of the evaluation form
that a student may complete and submit to the provider after course
completion.
(3) Course completion rosters.
(A) Classroom courses. Upon successful completion of
an ACE classroom course, a provider shall submit to the Board a course
completion roster in a format approved by the Board no later than
the 10th day after the date a course is completed. The roster shall
include:
(i) the provider's name and license number;
(ii) the instructor's name;
(iii) the course title;
(iv) the course approval number;
(v) the number of credit hours;
(vi) the date of issuance;
(vii) the date the student started and completed the
course; and
(viii) the signature of an authorized representative
of the provider who was in attendance and for whom an authorized signature
is on file with the Board.
(B) Distance education courses. A provider shall maintain
a Distance Education Reporting Form and submit information contained
in that form by electronic means acceptable to the Board for each
student completing the course not earlier than the number of hours
for course credit after a student starts the course and not later
than the 10th day after the student completes the course.
(C) The Board will not accept unsigned course completion
rosters.
(4) An ACE provider may withhold any official course
completion documentation required by this subsection from a student
until the student has fulfilled all financial obligations to the provider.
(5) Security and Maintenance of Records.
(A) An ACE provider shall maintain:
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