| (a) An applicant for general real estate appraiser certification
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. Hours may be treated as cumulative in order to
achieve the necessary hours of appraisal experience.
(b) An applicant for residential real estate appraiser certification
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. Hours may be treated as cumulative in order to achieve the necessary
hours of appraisal experience.
(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.
(d) Experience credit shall be awarded by the board in accordance
with current criteria established by the Appraiser Qualifications Board and
in accordance with the provisions of the Act specifically relating to experience
requirements. Experience as a real estate lending officer of a financial institution
or as a real estate broker is acceptable experience if the experience includes
the actual performance or professional review of real estate appraisals. An
hour of experience means 60 minutes expended in one or more of the acceptable
appraisal experience areas. Calculation of the hours of experience must be
based solely on actual hours of experience. Any one or any combination of
the following categories may be acceptable for the completion of 1,000 hours
of credit each year.
(1) Experience credit may be awarded for a fee or staff appraisal
when it is performed in accordance with the provisions of the Uniform Standards
of Professional Practice (USPAP) in effect at the time of the appraisal.
(2) Experience credit may be awarded for an ad valorem tax
appraisal which:
(A) uses techniques to value properties similar to those used
by appraisers; and
(B) effectively uses the appraisal process. The components
of the mass appraisal process which may be awarded experience credit are the
highest and best use analysis, model specification (developing the model),
and model calibration (developing adjustments to the model). Other components
of the mass appraisal process, by themselves, are not eligible for experience
credit. Mass appraisals must be performed in accordance with Standards Rule
6 of USPAP.
(3) Experience credit may be awarded for a review appraisal
when the appraiser performs review(s) of appraisals prepared by either employees,
associates or others, provided the appraisal report was not signed by the
review appraiser. Review appraisal credit shall not be awarded when the report
is signed as are view appraiser as this should appropriately be considered
as appraisal experience. Review appraisals must be performed in accordance
with Standards Rule 3 of USPAP.
(4) Experience credit may be awarded for appraisal analysis.
A market analysis typically performed by a real estate broker or salesman
may be awarded experience credit when the analysis is prepared in conformity
with Standards Rules 1 and 2 of USPAP, and the individual can demonstrate
that he or she is using similar techniques as appraisers to value properties
and is effectively utilizing the appraisal process.
(5) Experience credit may be granted for real estate counseling
(consulting) when it is appraisal related and performed in accordance with
Standards Rules 4 and 5 of USPAP.
(6) Experience credit may be granted for highest and best use
analysis.
(7) Experience credit may be awarded for a feasibility analysis
or feasibility study when it is performed in accordance with Standards Rules
4 and 5 of USPAP.
(8) Experience credit may not be awarded for teaching appraisal
courses.
(e) Experience claimed by an applicant must be submitted on
forms promulgated by the board.
(1) Experience claimed by an applicant shall be submitted upon
an Appraisal Experience Affidavit.
(2) In exceptional situations, the board, at its discretion,
may accept other evidence of experience claimed by the applicant.
(3) If a consumer complaint or peer complaint is brought against
the applicant alleging fraud, incompetency, or malpractice and the board finds
the complaint is reasonable or if the board determines other just cause exists
for requiring further information, the board may obtain the additional information
or documentation requested by:
(A) requiring the applicant to complete a form, prescribed
by the board, that includes detailed listings of appraisal experience showing,
for each appraisal claimed by the applicant, the city or county where the
appraisal was performed, the type and description of the building or property
appraised, the approaches to value utilized in the appraisal, the actual number
of hours expended on the appraisal, name of client, and other information
determined to be appropriate by the board; or
(B) engaging in other investigative research determined to
be appropriate by the board.
(4) The board shall require verification of acceptable experience
of no more than 5.0% of the applications selected by random sampling. The
sampling shall be applied when a minimum of twenty approved applications are
received. The verification may be obtained by:
(A) requiring the applicant to complete a form, prescribed
by the board, that includes detailed listings of appraisal experience showing,
for each appraisal claimed by the applicant, the city or county where the
appraisal was performed, the type and description of the building or property
appraised, the approaches to value utilized in the appraisal, the actual number
of hours expended on the appraisal, name of client, and other information
determined to be appropriate by the board;
(B) engaging in other investigative research determined to
be appropriate by the board; and
(C) allowing a minimum of 60 days after the date of selection
for the applicant to prepare any records.
(5) Failure to comply with a request for verification of experience
is a violation of these rules and may result in denial of certification or
licensure, and any disciplinary action up to and including revocation.
(f) An applicant may be granted experience credit only for
appraisals which:
(1) comply with the Uniform Standards of Professional Appraisal
Practice (USPAP) in effect at the time of the appraisal;
(2) are verifiable and supported by written reports or file
memoranda;
(3) were performed by the applicant at a time when the applicant
had legal authority to perform real property appraisals; and
(4) comply with the acceptable categories of experience as
per the AQB experience criteria and stated in subsection (d) of this section.
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| 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 |
