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 §153.13Educational Requirements
ISSUE 03/24/2006
ACTION Proposed
Preamble Texas Admin Code Rule

(a) - (e)(No change.)

(f)The board may approve courses submitted or to be submitted by applicants for appraiser certification upon a determination of the board that:

  (1)the subject matter of the course was appraisal related; provided that core real estate courses set forth in Texas Civil Statutes, Article 6573a, 7(a)(1) and (2) shall be deemed appraisal-related;

  (2)the course was offered by an accredited college or university, [a school accredited by a real estate or appraiser certification or licensing agency of this or another state, a professional trade association, or a service-related school such as the United States Armed Forces Institute;] or the course was [offered or] approved by the Appraiser Qualifications Board under its course approval process as a qualifying education course [ a federal agency or commission or by an agency of this state];

  (3)the applicant obtained credit received in a classroom presentation the hours of instruction for which credit was given and successfully completed a final examination for course credit except as specified in subsection (l) of this section (relating to distance education); and

  (4)the course was at least 15 classroom hours in duration, which includes time devoted to examinations which are considered to be part of the course.

[(g)For the purposes of this section, a professional trade association is a nonprofit, cooperative, and voluntarily joined association of business or professional competitors that is designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting the common interest of its members.]

(g)[(h)] The board may require an applicant to furnish materials such as course outlines, syllabi, course descriptions or official transcripts to verify course content or credit.

(h)[(i)] Course providers may obtain prior approval of a course by filing forms prescribed by the board and submitting a letter indicating that the course has been approved by the Appraiser Qualifications Board under its course approval process. [the following items listed in paragraphs (1)- (4) of this subsection to the board:]

   [(1)a copy of any textbook, course outline, syllabus, or other written material used in the course;]

   [(2)a copy of the question and answers to the written final examination, with an answer key or the correct answers indicated; and]

   [(3)sample course completion certificate or other evidence of successful completion of the course; and]

  [(4)][such] Such prior approval of courses will remain in effect for a period commensurate with the period of the approval granted by the Appraiser Qualifications Board. [ of two years after the date of approval.]

(i)[(j)] The board shall accept classroom hour units of instruction as shown on the transcript or other document evidencing course credit if the transcript reflects the actual hours of instruction the student received. Fifteen classroom hours of credit may be awarded for one semester hour of credit from an acceptable provider. Ten classroom hours of credit may be awarded for one quarter hour of credit from an acceptable provider. Ten classroom hours of credit may be awarded for each continuing education credit from an acceptable provider. The board may not accept courses repeated within three years of the original offering unless the subject matter has changed significantly.

(j)[(k)] Instructors who are also certified or licensed appraiser may receive up to one half of their continuing education requirement from instruction of appraisal courses or seminars. Credit for instructing any given course or seminar can only be awarded once during a continuing education cycle. [Teachers of appraisal courses may receive credit for meeting the educational classroom hours requirement. Teaching of appraisal courses is not acceptable for meeting the experience requirement. Applicants must provide documentation as requested by the board to establish credit for teaching appraisal courses. Education credit for teaching a particular course may be claimed only once in each three year period.]

(k)[(l)] Distance education courses may be acceptable to meet the classroom hour requirement, or its equivalent, provided that the course is approved by the board and meets one of the following conditions listed in paragraphs (1) - (3) of this subsection.

  (1)the course must have been presented by an accredited college or university that offers distance education programs in other disciplines, and

    (A)the person has successfully completed a written examination administered to the positively identified person at a location and proctored by an official approved by the college or university; and

    (B)the content and length of the course must meet the requirements for real estate appraisal related courses established by this chapter and by the requirements for qualifying education established by the Appraiser Qualifications Board of the Appraisal Foundation and is equivalent to a minimum of 15 classroom hours.

  (2)The course has received the [American Council on Education's Program on Non-collegiate Sponsored Instructions ( ACE PONSI), or its successor, ] approval for college credit, or has been approved under the AQB Course Approval program; and

    (A)the person successfully completes a written examination proctored by an official approved by the presenting entity;

    (B)the course meets the requirements for qualifying education established by the Appraiser Qualifications Board and is equivalent to the minimum of 15 classroom hours.

  (3)A minimum time equal to the number of hours of credit must elapse from the date of course enrollment until its completion.

(l)[(m)] "In-house" education and training is not acceptable for meeting the educational requirements for certification or licensure.

(m)[(n)] To be acceptable for meeting the Uniform Standards of Professional Appraisal Practice (USPAP) educational requirement, a course must:

  (1)Be devoted to the Uniform Standards of Professional Appraisal Practice (USPAP) with a minimum of 15 classroom hours of instruction;

  (2)Use the current edition of the Uniform Standards of Professional Appraisal Practice (USPAP) promulgated by the Appraisal Standards Board of the Appraisal Foundation;

  (3)Provide each student with his or her own permanent copy of the current Uniform Standards of Professional Appraisal Practice (USPAP) promulgated by the Appraisal Standards Board of the Appraisal Foundation; and

  (4)utilize the "National Uniform Standards of Professional Appraisal Practice (USPAP) Course" promulgated by the Appraisal Foundation, including the Student Manual and Instructor Manual or an equivalent USPAP course as determined by the AQB.

(n)[(o)] Courses specifically approved by the Appraiser Qualifications Board (AQB) of the Appraisal Foundation, provided that the educational provider has notified the board of the AQB approval.

(o)[(p)] Neither current members of the Texas Appraiser Licensing and Certification Board nor those board staff engaged in the approval of courses or educational qualifications of applicants, certificate holders or licensees shall be eligible to teach or guest lecture as part of an approved appraiser qualifying or continuing education course.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on March 9, 2006

TRD-200601539

Wayne Thorburn

Commissioner

Texas Appraiser Licensing and Certification Board

Earliest possible date of adoption: April 23, 2006

For further information, please call: (512) 465-3950



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