| (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. 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. Experience credit may be awarded for: (1) Fee or staff appraisal when it is performed in accordance with Standards 1 and 2 and other provisions of the Uniform Standards of Professional Practice (USPAP) in effect at the time of the appraisal. (2) Ad valorem tax appraisal which: (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) Condemnation appraisal. (4) Technical review appraisal to the extent that it demonstrates proficiency in appraisal principles, techniques, or skills used by appraisers practicing under USPAP Standard 1. (5) 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 USPAP Standards 1 and 2. (6) Real property 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. (7) 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 real property appraisals which: (1) comply with the Uniform Standards of Professional Appraisal Practice (USPAP) in effect at the time of the appraisal; and, (2) are verifiable and supported by workfiles in which the applicant is identified as participating in the appraisal process; and, (3) were performed when the applicant had legal authority; and, (4) comply with the acceptable categories of experience as per the AQB experience criteria and stated in subsection (d) of this section. |
| 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 |
