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(a) - (h)(No change.)
(i)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.
(j)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.
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 November 16, 2020
TRD-202004836 Kathleen Santos
General Counsel
Texas Appraiser Licensing and Certification Board
Earliest possible date of adoption: December 27, 2020
For further information, please call: (512) 936-3652
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