(a)Applicants for a license must meet all experience
requirements established by the AQB.
(b)The Board awards experience credit in accordance
with current criteria established by the AQB and in accordance with
the provisions of the Act specifically relating to experience requirements.
An hour of experience means 60 minutes expended in one or more of
the acceptable appraisal experience areas. Calculation of the hours
of experience is based solely on actual hours of experience. Hours
may be treated as cumulative in order to achieve the necessary hours
of appraisal experience. Any one or any combination of the following
categories may be acceptable for satisfying the applicable experience
requirement. Experience credit may be awarded for:
(1)An appraisal or appraisal analysis when performed
in accordance with Standards 1 and 2 and other provisions of the USPAP
edition in effect at the time of the appraisal or appraisal analysis.
(2)Mass appraisal, including ad valorem tax appraisal
that:
(A)conforms to USPAP Standards 5 and 6; and
(B)demonstrates proficiency in appraisal principles,
techniques, or skills used by appraisers practicing under USPAP Standard
1.
(3)Appraisal review that:
(A)conforms to USPAP Standards 3 and 4; and
(B)demonstrates proficiency in appraisal principles,
techniques, or skills used by appraisers practicing under USPAP Standard
1.
(4)Appraisal consulting services, including market
analysis, cash flow and/or investment analysis, highest and best use
analysis, and feasibility analysis when it demonstrates proficiency
in appraisal principles, techniques, or skills used by appraisers
practicing under USPAP Standards 1 and 2 and using appropriate methods
and techniques applicable to appraisal consulting.
(c)Experience credit may not be awarded for teaching
appraisal courses.
(d)Recency of Experience.
(1)The Appraisal Experience Log submitted by an applicant
must include a minimum of 10 appraisal reports representing at least
10 percent of the hours and property type of experience required for
each license category and for which an applicant seeks experience
credit that have been performed within 5 years before the date an
application is accepted for filing by the Board.
(2)This requirement does not eliminate an applicant's
responsibility to comply with the 5-year records retention requirement
in USPAP.
(e)Public Information Act. All information and documentation
submitted to the Board in support of an application for license or
application to upgrade an existing license, including an applicant's
experience log, experience affidavit, copies of appraisals and work
files, may be subject to disclosure under the Public Information Act,
Chapter 552, Texas Government Code, unless an exception to disclosure
applies.
(f)Experience credit for first-time applicants. Each
applicant must submit a Board-approved Appraisal Experience Log and
Appraisal Experience Affidavit listing each appraisal assignment or
other work for which the applicant is seeking experience credit. The
Board may grant experience credit for work listed on an applicant's
Appraisal Experience Log that:
(1)complies with the USPAP edition in effect at the
time of the appraisal;
(2)is verifiable and supported by:
(A)work files in which the applicant is identified
as participating in the appraisal process; or
(B)appraisal reports that:
(i)name the applicant in the certification as providing
significant real property appraisal assistance; or
(ii)the applicant has signed;
(3)was performed when the applicant had legal authority
to do so; and
(4)complies with the acceptable categories of experience
established by the AQB and stated in subsection (b) of this section.
(g)Experience credit for current licensed residential
or certified residential license holders who seek to upgrade their
license.
(1)Applicants who currently hold a licensed residential
or certified residential appraiser license issued by the Board and
want to upgrade this license must:
(A)submit an application on a Board-approved form;
(B)submit a Board-approved Appraisal Experience Log
and Appraisal Experience Affidavit listing each appraisal assignment
or other work for which the applicant is seeking experience credit
for the full amount of experience hours required for the license sought;
(C)pay the required application fee; and
(D)satisfy any other requirement for the license sought,
including but not limited to:
(i)the incremental number of experience hours required;
(ii)the hours of experience required for each property
type;
(iii)the minimum length of time over which the experience
is claimed; and
(iv)the recency requirement in this section.
(2)Review of experience logs.
(A)An applicant who seeks to upgrade a current license
issued by the Board must produce experience logs to document 100 percent
of the experience hours required for the license sought.
(B)Upon review of an applicant's experience logs,
the Board may, at its sole discretion, grant experience credit for
the hours shown on the applicant's logs even if some work files have
been destroyed because the 5-year records retention period in USPAP
has passed.
(h)The Board may, at its sole discretion, accept evidence
other than an applicant's Appraisal Experience Log and Appraisal Experience
Affidavit to demonstrate experience claimed by an applicant.
(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 adoption and found it to be a valid exercise of the
agency's legal authority.
Filed with the Office
of the Secretary of State on February 26, 2021
TRD-202100820 Kathleen
Santos
General Counsel
Texas Appraiser Licensing and Certification Board
Effective date: March 18, 2021
Proposal publication date: November 27, 2020
For further information, please call: (512) 936-3652
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