Texas Register

TITLE 22 EXAMINING BOARDS
PART 8TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD
CHAPTER 153RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT
RULE §153.17License Renewal
ISSUE 09/27/2019
ACTION Proposed
Preamble Texas Admin Code Rule

(a)General Provisions.

  (1)The Board will send a renewal notice to the license holder at least 90 days prior to the expiration of the license. It is the responsibility of the license holder to apply for renewal in accordance with this chapter, and failure to receive a renewal notice from the Board does not relieve the license holder of the responsibility to timely apply for renewal.

  (2)A license holder renews the license by timely filing an application for renewal, paying the appropriate fees to the Board, and satisfying all applicable education, experience, fingerprint and criminal history check requirements.

  (3)To renew a license on active status, a license holder must complete the ACE report form approved by the Board and, within 20 days of filing the renewal application, submit course completion certificates for each course that was not already submitted by the education provider and reflected in the license holder's electronic license record.

    (A)The Board may request additional verification of ACE submitted in connection with a renewal. If requested, such documentation must be provided within 20 days after the date of request.

    (B)Knowingly or intentionally furnishing false or misleading ACE information in connection with a renewal is grounds for disciplinary action up to and including license revocation.

  (4)An application for renewal received by the Board is timely and acceptable for processing if it is:

    (A)complete;

    (B)accompanied with payment of the required fees; and

    (C)postmarked by the U.S. Postal Service, accepted by an overnight delivery service, or accepted by the Board's online processing system on or before the date of expiration.

(b)ACE Extensions.

  (1)The Board may grant, at the time it issues a license renewal, an extension of time of up to 60 days after the expiration date of the previous license to complete ACE required to renew a license, subject to the following:

    (A)The license holder must:

      (i)timely submit the completed renewal form;

      (ii)complete an extension request form; and

      (iii)pay the required renewal and extension fees.

    (B)ACE courses completed during the 60-day extension period apply only to the current renewal and may not be applied to any subsequent renewal of the license.

    (C)A person whose license was renewed with a 60-day ACE extension:

      (i)will be designated as non-AQB compliant on the National Registry and will not perform appraisals in a federally related transaction until verification is received by the Board that the ACE requirements have been met;

      (ii)may continue to perform appraisals in non-federally related transactions under the renewed license;

      (iii)must, within 60 days after the date of expiration of the previous license, complete the approved ACE report form and submit course completion certificates for each course that was not already submitted by the provider and reflected in the applicant's electronic license record; and

      (iv)will have the renewed license placed in inactive status if, within 60 days of the previous expiration date, ACE is not completed and reported in the manner indicated in paragraph (2) of this subsection. The renewed license will remain on inactive status until satisfactory evidence of meeting the ACE requirements has been received by the Board and the fee to return to active status required by §153.5 of this title (relating to Fees) has been paid.

  (2)Appraiser trainees may not obtain an extension of time to complete required continuing education.

(c)Renewal of Licenses for Persons on Active Duty. A person who is on active duty in the United States armed forces may renew an expired license without being subject to any increase in fee imposed in his or her absence, or any additional education or experience requirements if the person:

  (1)did not provide appraisal services while on active duty;

  (2)provides a copy of official orders or other documentation acceptable to the Board showing the person was on active duty during the last renewal period;

  (3)applies for the renewal within two years after the person's active duty ends;

  (4)pays the renewal application fees in effect when the previous license expired; and

  (5)completes ACE requirements that would have been imposed for a timely renewal.

(d)Late Renewal. If an application is filed within six months of the expiration of a previous license, the applicant shall also provide satisfactory evidence of completion of any continuing education that would have been required for a timely renewal of the previous license.

(e)Denial of Renewal. The Board may deny an application for license renewal if the license holder is in violation of a Board order.

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-201903202

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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