| (a) Supervision of appraiser trainees required.
(1) An appraiser trainee may perform appraisals or
appraiser services only under the active, personal and diligent direction
and supervision of a supervisory appraiser.
(2) An appraiser trainee may be supervised by more
than one supervisory appraiser.
(3) Number of Appraiser Trainees Supervised.
(A) Supervisory appraisers may supervise no more than
three appraiser trainees at one time unless the requirements in subsection
(a)(3)(B) of this section, are met;
(B) Supervisory appraisers may supervise up to five
appraiser trainees at one time if:
(i) the supervisory appraiser has been licensed as
a certified appraiser for more than five years;
(ii) the supervisory appraiser submits an application
and a trainee supervision plan subject to approval by the Board. The
supervision plan must include the supervisory appraiser's plan for
progress monitoring of the trainees and detail how the supervisor
intends to ensure active, personal, and diligent supervision of each
trainee; and
(iii) the supervisory appraiser shall prepare and maintain
regular trainee progress reports and make them available to the Board
upon request until the trainee becomes certified or licensed or after
two years have lapsed since supervising the trainee.
(4) A supervisory appraiser may be added during the
term of an appraiser trainee's license if:
(A) The supervisory appraiser and appraiser trainee
have provided proof to the Board of completion of an approved Appraiser
Trainee/Supervisory Appraiser course;
(B) an application to supervise has been received and
approved by the Board; and
(C) the applicable fee has been paid.
(5) A licensed appraiser trainee who signs an appraisal
report must include his or her license number and the word "Trainee"
as part of the appraiser trainee's signature in the report.
(b) Eligibility requirements for appraiser trainee
supervision.
(1) To be eligible to supervise an appraiser trainee,
a certified appraiser must:
(A) be in good standing and not have had, within the
last three years, disciplinary action affecting the certified appraiser's
legal eligibility to engage in appraisal practice in any state including
suspension, revocation, and surrender in lieu of discipline;
(B) complete an approved Appraiser Trainee/Supervisory
Appraiser course; and
(C) submit proof of course completion to the Board.
(2) Before supervising an appraiser trainee, the supervisory
appraiser must notify the appraiser trainee in writing of any disciplinary
action taken against the supervisory appraiser within the last three
years that did not affect the supervisory appraiser's eligibility
to engage in appraisal practice.
(3) An application to supervise must be received and
approved by the Board before supervision begins.
(c) Maintaining eligibility to supervise appraiser
trainees.
(1) A supervisory appraiser who wishes to continue
to supervise appraiser trainees upon renewal of his/her license must
complete an approved Appraiser Trainee/Supervisory Appraiser course
within four years before the expiration date of the supervisory appraiser's
current license and provide proof of completion to the Board.
(2) If a supervisory appraiser has not provided proof
of course completion at the time of renewal, but has met all other
requirements for renewing the license the supervisory appraiser will
no longer be eligible to supervise appraiser trainees; and the Board
will take the following actions:
(A) the supervisory appraiser's license will be renewed
on active status; and
(B) the license of any appraiser trainees supervised
solely by that supervisory appraiser will be placed on inactive status.
(3) A certified appraiser may restore eligibility to
supervise appraiser trainees by:
(A) completing the course required by this section;
and
(B) submitting proof of course completion to the Board.
(4) The supervisory appraiser's supervision of previously
supervised appraiser trainees may be reinstated by:
(A) submitting the required form to the Board; and
(B) payment of any applicable fees.
(d) Maintaining eligibility to act as an appraiser
trainee.
(1) Appraiser trainees must maintain an appraisal log
and appraisal experience affidavits on forms approved by the Board,
for the license period being renewed. It is the responsibility of
both the appraiser trainee and the supervisory appraiser to ensure
the appraisal log is accurate, complete and signed by both parties
at least quarterly or upon change in supervisory appraiser. The appraiser
trainee will promptly provide copies of the experience logs and affidavits
to the Board upon request.
(2) An appraiser trainee must complete an approved
Appraiser Trainee/Supervisory Appraiser course within four years before
the expiration date of the appraiser trainee's current license and
provide proof of completion to the Board.
(3) If an appraiser trainee has not provided proof
of course completion at the time of renewal, but has met all other
requirements for renewing the license:
(A) the Board will renew the appraiser trainee's license
on inactive status;
(B) the appraiser trainee will no longer be eligible
to perform appraisals or appraisal services; and
(C) the appraiser trainee's relationship with any supervisory
appraiser will be terminated.
(4) An appraiser trainee may return the appraiser trainee's
license to active status by:
(A) completing the course required by this section;
(B) submitting proof of course completion to the Board;
(C) submitting an application to return to active status,
including an application to add a supervisory appraiser; and
(D) paying any required fees.
(e) Duties of the supervisory appraiser.
(1) Supervisory appraisers are responsible to the public
and to the Board for the conduct of the appraiser trainee under the
Act.
(2) The supervisory appraiser assumes all the duties,
responsibilities, and obligations of a supervisory appraiser as specified
in these rules and must diligently supervise the appraiser trainee.
Diligent supervision includes, but is not limited to, the following:
(A) direct supervision and training as necessary;
(B) ongoing training and supervision as necessary after
the supervisory appraiser determines that the appraiser trainee no
longer requires direct supervision;
(C) communication with and accessibility to the appraiser
trainee; and
(D) review and quality control of the appraiser trainee's
work.
(3) Supervisory appraisers must approve and sign the
appraiser trainee's appraisal log and experience affidavit at least
quarterly and provide appraiser trainees with access to any appraisals
and work files completed under the supervisory appraiser.
(4) After notice and hearing, the Board may reprimand
a supervisory appraiser or may suspend or revoke a supervisory appraiser's
license based on conduct by the appraiser trainee constituting a violation
of the Act or Board rules.
(f) Termination of supervision.
(1) Supervision may be terminated by the supervisory
appraiser or the appraiser trainee.
(2) If supervision is terminated, the terminating party
must:
(A) immediately notify the Board on a form approved
by the Board; and
(B) notify the non-terminating party in writing no
later than the 10th day after the date of termination; and
(C) pay any applicable fees no later than the 10th
day after the date of termination.
(3) If an appraiser trainee is no longer under the
supervision of a supervisory appraiser:
(A) the appraiser trainee may no longer perform the
duties of an appraiser trainee; and
(B) is not eligible to perform those duties until:
(i) an application to supervise the trainee has been
filed;
(ii) any required fees have been paid; and
(iii) the Board has approved the application.
(g) Course approval.
(1) To obtain Board approval of an Appraiser Trainee/Supervisory
Appraiser course, a course provider must:
(A) submit form ATS-0, Appraiser Trainee/Supervisory
Appraiser Course Approval, adopted herein by reference; and
(B) satisfy the Board that all required content set
out in form ATS-0 is adequately covered.
(2) Approval of an Appraiser Trainee/Supervisory Appraiser
course shall expire two years from the date of Board approval.
(3) An Appraiser Trainee/Supervisory Appraiser course
may be delivered through:
(A) classroom delivery; or
(B) synchronous, asynchronous or hybrid distance education
delivery. The course design and delivery mechanism for asynchronous
distance education courses, including the asynchronous portion of
hybrid courses must be approved by an AQB approved organization.
(h) ACE credit.
(1) Supervisory appraisers who complete the Appraiser
Trainee/Supervisory Appraiser course may receive ACE credit for the
course.
(2) Appraiser Trainees may not receive qualifying or
ACE credit for completing the Appraiser Trainee/Supervisory Appraiser
course.
|
| Source Note: The provisions of this §153.21 adopted to be effective March 2, 1992, 17 TexReg 1231; amended to be effective November 10, 1993, 18 TexReg 7542; amended to be effective July 21, 1994, 19 TexReg 5354; amended to be effective November 17, 1999, 24 TexReg 10090; amended to be effective April 1, 2001, 26 TexReg 2163; amended to be effective March 20, 2006, 31 TexReg 2158; amended to be effective October 12, 2006, 31 TexReg 8367; amended to be effective August 28, 2007, 32 TexReg 5368; amended to be effective December 27, 2010, 35 TexReg 11660; amended to be effective November1,2011, 36 TexReg 7316; amended to be effective June 12, 2013, 38 TexReg 3587; amended to be effective March 18, 2014, 39 TexReg 1930; 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 8894; amended to be effective March 4, 2018, 43 TexReg 1092; amended to be effective September 15, 2018; 43 TexReg 5776; amended to be effective March 22, 2020, 45 TexReg 1854; amended to be effective September 12, 2021, 46 TexReg 5550; amended to be effective September 8, 2022, 47 TexReg 5336 |
