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 §153.15Experience Required for Certification or Licensing
ISSUE 03/30/2007
ACTION Proposed
Preamble Texas Admin Code Rule

(a) - (c)(No change.)

(d)Experience credit shall be awarded by the board in accordance with current criteria established by the Appraiser Qualifications Board 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 must be based solely on actual hours of experience. Any one or any combination of the following categories may be acceptable for satisfying the applicable experience requirement. [the completion of 1,000 hours of credit each year.] Experience credit may be awarded for:

  (1) - (7)(No change.)

(e)Experience claimed by an applicant must be submitted on forms promulgated by the board.

  (1)Experience claimed by an applicant shall be submitted upon an Appraisal Experience Log with an accompanying Appraisal Experience Affidavit.

  (2) - (5)(No change.)

   (6)Once all requested documentation has been received from an applicant who is subject to verification of acceptable experience, this material shall be transmitted on a rotating basis to an investigator who shall review the submitted documentation and verify whether the submitted documentation satisfies the required experience.

   (7)The investigator shall issue a written determination indicating whether the applicant selected for verification has satisfied the experience requirements, and forward it to the board staff for appropriate action.

   (8)Reasons why an applicant may fail to satisfy experience requirements include:

    (A)Claiming experience for a period during which the applicant did not hold a license or certification to conduct real estate appraisal activities;

    (B)Failing to meet the minimum number of experience hours over the requisite time period;

    (C)Making any false, misleading or fraudulent statement in conjunction with the experience verification process;

    (D)Falsifying any signature or notarization in conjunction with the experience verification process;

    (E)Claiming experience hours in excess of those reasonable and appropriate for completing a particular assignment;

    (F)Claiming experience for appraisal activities which fall outside of the applicant's scope of practice;

    (G)Claiming experience for appraisal activities which were performed by the applicant as a trainee with someone other than that applicant's sponsor or properly designated authorized supervisor;

    (H)Claiming experience which the applicant is unable to produce verifiable documentation of, including any work file documentation which may be requested by the board;

    (I)Claiming experience which fails to adhere to the Uniform Standards of Professional Appraisal Practice;

    (J)Claiming experience gained in violation of state or federal law;

    (K)Any other deficiency in the claimed experience which the board in its discretion determines warrants denying the claimed experience.

   (9)Upon determination that an applicant has failed to satisfy the experience verification, that person's application shall be denied for failing to satisfy the experience requirements for the particular license or certification they are applying for. The board shall notify that applicant in writing of the decision and briefly explain the basis for the decision.

   (10)Notice of the application denial shall be forwarded to the applicant in the manner provided for by §157.7 of this title (relating to Denial of a License) and the same provisions governing application denials shall apply.

(f)(No change.)

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 12, 2007

TRD-200700949

Wayne Thorburn

Commissioner

Texas Appraiser Licensing and Certification Board

Earliest possible date of adoption: April 29, 2007

For further information, please call: (512) 465-3959



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