| (a) Applicants for a license must meet all experience
requirements established by the AQB.
(b) 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 a combination of the following
categories may be acceptable for satisfying the applicable experience
requirement:
(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 Standards 5 and 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 Standards 3 and 4; 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 Standards 1 and 2 and using appropriate methods
and techniques applicable to appraisal consulting.
(5) "Practical Applications of Real Estate Appraisal"
(PAREA) programs approved by the AQB.
(c) Experience credit may not be awarded for teaching
appraisal courses.
(d) Public Information Act. All information and documentation
submitted to the Board in support of an application for license or
application to upgrade an existing license, including an applicant's
experience log, experience certification, copies of appraisals and
work files, may be subject to disclosure under the Public Information
Act, Chapter 552, Texas Government Code, unless an exception to disclosure
applies.
(e) Applicants claiming experience credit under subsection
(b)(1) - (4) of this section must submit a Board-approved Appraisal
Experience Log that lists each appraisal assignment or other work
for which the applicant is seeking credit and an Appraisal Experience
Certification. The Experience Log must include:
(1) the full amount of experience hours required for
the license type sought, as required by the AQB;
(2) the required number of hours of experience required
for each property type as required by the AQB; and
(3) the minimum length of time over which the experience
is claimed, as required by the AQB.
(f) 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 (b) of this section.
(g) Consistent with this chapter, upon review of the
applicant's real estate appraisal experience, the Board may grant
a license or certification contingent upon completion of additional
education, experience or mentorship.
(h) Upon review of an applicant's Appraisal Experience
Log, the Board may, at its sole discretion, grant experience credit
for the hours shown on an applicant's log even if some work files
have been destroyed because of the 5-year records retention period
in USPAP has passed.
(i) The Board may grant experience credit for applicants
claiming experience credit under subsection (b)(5) of this section
that submit a valid certificate of completion from an AQB approved
PAREA program.
(j) The Board may, at its sole discretion, accept evidence
other than an applicant's Appraisal Experience Log and Appraisal Experience
Certification 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.
(A) In response to an initial request for documentation
to verify experience, an applicant must submit a copy of the relevant
appraisals, but is not required to submit the associated work files
at that time.
(B) If in the course of reviewing the submitted appraisals,
the Board determines additional documentation is necessary to verify
general compliance with USPAP, the Board may make additional requests
for supporting documentation.
(3) Experience involved in pending litigation.
(A) The Board will not request work files from an applicant
to verify claimed experience if the appraisal assignments are identified
on the experience log submitted to the Board as being involved in
pending litigation.
(B) If all appraisal assignments listed on an applicant's
experience log are identified as being involved in pending litigation,
the Board may audit any of the appraisal assignments on the applicant's
experience log, regardless of litigation status, with the written
consent of the applicant and the applicant's supervisory appraiser.
(4) 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, may result
in denial of a license application.
(5) A license holder who applies to upgrade an existing
license and submits experience that does not comply with USPAP may
also be subject to disciplinary action up to and including revocation.
(l) Unless prohibited by Tex. Occ. Code §1103.460,
applicable confidentiality statutes, privacy laws, or other legal
requirements, or in matters involving alleged fraud, Board staff shall
use reasonable means to inform supervisory appraisers of Board communications
with their respective trainees.
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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; 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; amended to be effective September 15, 2018; 43 TexReg 5776; amended to be effective June 9, 2019, 44 TexReg 2710; amended to be effective June 7, 2020, 45 TexReg 3772; amended to be effective March 18, 2021, 46 TexReg 1640; amended to be effective September 8, 2022, 47 TexReg 5336; amended to be effective December 3, 2023, 48 TexReg 6903 |
