(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;
(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 void
and 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;
or
(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 Renewal or Extension of Certification and
License or Renewal of Trainee Approval).
(d)The Board may deny a license to an applicant who
fails to satisfy the Board as to the applicant's honesty, trustworthiness,
and integrity.
(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.
(g)The following terms, when used
in this section, have the following meanings, unless the context clearly
indicates otherwise:
(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)[(g)] This subsection applies
to an applicant who is a military service member, [a military]
veteran, or military [the] spouse [of a
person serving on active duty as a member of the armed forces of the
United States].
(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;
and
(B)Issue the license as soon as practicable after
receipt of the application.
[(1)The Board shall waive the license
application and examination fees for an applicant who is:]
[(A)a military service member or military veteran
whose military service, training, or education substantially meets
all of the requirements for the license; or]
[(B)a military service member, military veteran, or
military spouse who holds a current license issued by another jurisdiction
that has licensing requirements that are substantially equivalent
to the requirements for the license in this state.]
[(2)The Board shall issue on an expedited
basis a license to an applicant who 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.]
(3)The Board may reinstate a license previously held
by an applicant, if the applicant satisfies the requirements in §153.16
of this chapter.
(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:
(A)education;
(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)[(h)] This subsection applies
to an applicant who is a military service member [serving
on active duty] or [is a] veteran [of the armed
forces of the United States].
(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)[(1)] 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)[(2)] This subsection does
not apply to an applicant who holds a restricted license issued by
another jurisdiction.
(4)[(3)] The applicant must
pass the qualifying examination, if any, for the type of license sought.
(5)[(4)] The Board will evaluate
applications filed under this subsection [by an applicant
who is serving on active duty or is a veteran of the armed forces
of the United States] 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
card; and
(2)the Board verifies that the military spouse is
currently licensed and in good standing with the other state or jurisdiction.
(k)[(i)] Except as otherwise
provided in this section, a [A] person applying for
license under subsection [(g) or] (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 [(g) or] (h), (i) or (j) of
this section.
(l)[(j)] The commissioner may
waive any prerequisite to obtaining a license for an applicant as
allowed by the AQB.
The agency certifies that legal counsel has reviewed
the proposal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office
of the Secretary of State on
September 10, 2019
TRD-201903201 Kristen Worman
General Counsel
Texas Appraiser Licensing and Certification Board
Earliest possible date of adoption: October 27, 2019
For further information, please call: (512) 936-3652
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