|(a) A person desiring to be licensed as an appraiser
or appraiser trainee shall file an application using forms prescribed
by the Board or the Board's online application system, if available.
The Board may decline to accept for filing an application that is
materially incomplete or that is not accompanied by the appropriate
fee. Except as provided by the Act, the Board may not grant a license
to an applicant who has not:
(1) paid the required fees;
(2) submitted a complete and legible set of fingerprints
as required in §153.12 of this title (relating to Criminal History
(3) satisfied any experience and education requirements
established by the Act, Board rules, and the AQB;
(4) successfully completed any qualifying examination
prescribed by the Board;
(5) provided all supporting documentation or information
requested by the Board in connection with the application;
(6) satisfied all unresolved enforcement matters and
requirements with the Board; and
(7) met any additional or superseding requirements
established by the Appraisal Qualifications Board.
(b) Termination of application. An application is subject
to no further evaluation or processing if within one year from the
date an application is filed, an applicant fails to satisfy:
(1) a current education, experience or exam requirement;
(2) the fingerprint and criminal history check requirements
in §153.12 of this title.
(c) A license is valid for the term for which it is
issued by the Board unless suspended or revoked for cause and unless
revoked, may be renewed in accordance with the requirements of §153.17
of this title (relating to License Renewal).
(d) The Board may deny a license to an applicant who
fails to satisfy the Board as to the applicant's honesty, trustworthiness,
(e) The Board may deny a license to an applicant who
submits incomplete, false, or misleading information on the application
or supporting documentation.
(f) When an application is denied by the Board, no
subsequent application will be accepted within two years after the
date of the Board's notice of denial as required in §157.7 of
this title (Denial of a License, Renewal or Reinstatement; Adverse
Action Against a License Holder).
(g) The following terms, when used in this section,
have the following meanings, unless the context clearly indicates
(1) "Military service member" means a person who is
on current full-time military service in the armed forces of the United
States or active duty military service as a member of the Texas military
forces, as defined by Section 437.001, Government Code, or similar
military service of another state.
(2) "Military spouse" means a person who is married
to a military service member.
(3) "Veteran" means a person who has served as a military
service member and who was discharged or released from active duty.
(h) This subsection applies to an applicant who is
a military service member, veteran, or military spouse.
(1) The Board will process an application under this
subsection on an expedited basis.
(2) If an applicant under this subsection holds a current
license issued by another state or jurisdiction that has licensing
requirements that are substantially equivalent to the requirements
for the license issued in this state, the Board will:
(A) Waive the license application and examination fees;
(B) Issue the license as soon as practicable after
receipt of the application.
(3) The Board may reinstate a license previously held
by an applicant, if the applicant satisfies the requirements in §153.16
of this chapter (relating to License Reinstatement).
(4) The Board may allow an applicant to demonstrate
competency by alternative methods in order to meet the requirements
for obtaining a particular license issued by the Board. For purposes
of this subsection, the standard method of demonstrating competency
is the specific examination, education, and/or experience required
to obtain a particular license.
(5) In lieu of the standard method(s) of demonstrating
competency for a particular license and based on the applicant's circumstances,
the alternative methods for demonstrating competency may include any
combination of the following as determined by the Board:
(B) continuing education;
(C) examinations (written and/or practical);
(D) letters of good standing;
(E) letters of recommendation;
(F) work experience; or
(G) other methods required by the commissioner.
(i) This subsection applies to an applicant who is
a military service member or veteran.
(1) The Board will waive the license application and
examination fees for an applicant under this subsection whose military
service, training or education substantially meets all of the requirements
for a license.
(2) The Board will credit any verifiable military service,
training or education obtained by an applicant that is relevant to
a license toward the requirements of a license.
(3) This subsection does not apply to an applicant
who holds a restricted license issued by another jurisdiction.
(4) The applicant must pass the qualifying examination,
if any, for the type of license sought.
(5) The Board will evaluate applications filed under
this subsection consistent with the criteria adopted by the AQB and
any exceptions to those criteria as authorized by the AQB.
(j) This subsection applies to an applicant who is
a military spouse. The Board will waive the license application fee
and issue a license by reciprocity to an applicant who wants to practice
in Texas in accordance with 55.0041, Occupations Code, if:
(1) the applicant submits:
(A) an application to practice in Texas on a form approved
by the Board;
(B) proof of the applicant's Texas residency; and
(C) a copy of the applicant's military identification
(2) the Board verifies that the military spouse is
currently licensed and in good standing with the other state or jurisdiction.
(k) Except as otherwise provided in this section, a
person applying for license under subsection (h), (i) or (j) of this
section must also:
(1) submit the Board's approved application form for
the type of license sought;
(2) pay the required fee for that application; and
(3) submit the supplemental form approved by the Board
applicable to subsection (h), (i) or (j) of this section.
(l) The commissioner may waive any prerequisite to
obtaining a license for an applicant as allowed by the AQB.
|Source Note: The provisions of this §153.9 adopted to be effective March 2, 1992, 17 TexReg 1231; amended to be effective April 1, 1993, 18 TexReg 1680; amended to be effective November 10, 1993, 18 TexReg 7542; amended to be effective July 21, 1994, 19 TexReg 5354; amended to be effective March 1, 1995, 19 TexReg 10357; amended to be effective March 1, 1997, 22 TexReg 1717; amended to be effective March 31, 1999, 24 TexReg 2351; amended to be effective November 17, 1999, 24 TexReg 10090; amended to be effective April 1, 2001, 26 TexReg 2163; amended to be effective September 30, 2004, 29 TexReg 9188; amended to beeffective July 25, 2005, 30 TexReg 4212; amended to be effective January 1, 2006, 30 TexReg 8689; amended to be effective June 6, 2006, 31 TexReg 4624; amended to be effective October 30, 2007, 32 TexReg 7687; amended to be effective November 9, 2008, 33 TexReg 8942; amended to be effective November 10, 2009, 34 TexReg 7806; amended to be effective September 20, 2010, 35 TexReg 8496; amended to be effective September 12, 2012, 37 TexReg 7174; amended to be effective December 22, 2013, 38 TexReg 9048; amended to be effective September 7, 2014, 39 TexReg 6857; amended to be effective March 19, 2015, 40 TexReg 1379; amended to be effective January 1, 2016, 40 TexReg 8891; amended to be effective January 1, 2017, 41 TexReg 7106; amended to be effective September 15, 2018; 43 TexReg 5776; amended to be effective December 8, 2019, 44 TexReg 7536; amended to be effective September 8, 2022,47 TexReg 5336