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 §153.9Applications
ISSUE 06/11/2010
ACTION Proposed
Preamble Texas Admin Code Rule

(a)A person desiring to be certified or licensed as an appraiser, approved as an appraiser trainee, or registered as a temporary out-of-state [non-resident] appraiser shall file an application using forms prescribed by the Board or the Board's online application system, if available. The Board may decline to accept for filing an application that is materially incomplete or that is not accompanied by the appropriate fee. Except as provided by the Act, the Board may not grant a certification, license or approval of trainee status to an applicant who has not [ unless the applicant]:

  (1)paid [pays] the required fees;

  (2)satisfied [satisfies] any experience and education requirements established by the Act or by these sections;

  (3)successfully completed [completes] any qualifying examination prescribed by the board;

  (4)provided [provides] all supporting documentation or information requested by the board in connection with the application;

  (5)satisfied [satisfies] all unresolved enforcement matters and requirements with the board; and

  (6)met [meets] any additional or superseding requirements established by the Appraisal Qualifications Board.

[(b)Prior to submitting an application, an applicant must submit a completed education evaluation request form along with the appropriate fee. If the Board determines that the applicant has met current education requirements for the applicable license or certification, it shall notify the applicant that his or her education has been approved. Any such approval shall then remain valid for one year from the date the Board received the education evaluation request. If the Board determines that the applicant has not completed all required education, the applicant has until one year from the date the Board received the request to meet all education requirements and submit an application for licensure or the education evaluation request will expire. If the education requirements change while the education evaluation request is pending, any evaluation issued by the Board after the new requirements take effect will be based on then-current requirements. If the education requirements change after the Board has notified the applicant that his or her education satisfies the Board's requirements but before the applicant submits an application, the applicant must meet any additional education requirements before the application will be processed.]

[(c)The Texas Appraiser Licensing and Certification Board adopts by reference the following forms published by and available from the Board, P.O. Box 12188, Austin, Texas 78711-2188, www.talcb.state.tx.us:]

  [(1)Application for Appraiser License, TALCB Form AL-0;]

  [(2)Application for Certification - Certified Residential Appraiser, TALCB Form CRA-0;]

  [(3)Application for Certification - Certified General Appraiser, TALCB Form CGA-0;]

  [(4)Application for Certification or License by Reciprocity, TALCB Form CLR-0;]

  [(5)Application for Approval as an Appraiser Trainee, TALCB Form AAT-0;]

  [(6)Application for Provisional Appraiser License, TALCB Form PAL-0;]

  [(7)Affidavit Declining Sponsorship, TALCB Form ADS-0;]

  [(8)Application for Temporary Non-Resident Appraiser Registration, TALCB Form TNAR-0;]

  [(9)Request for Extension of Temporary Non-Resident Appraiser Registration, TALCB Form NRE-0;]

  [(10)Request for Inactive Status (For Currently Certified or Licensed Appraisers), TALCB Form RIS-0;]

  [(11)Request for Inactive Status (For Expired Certification of License Within One Year of Expiration Date), TALCB Form RISE-0;]

  [(12)Request for Active Status, TALCB Form RAS-0;]

  [(13)ACE Extension Request, TALCB Form AER-0;]

  [(14)Change of Address, TALCB Form COA-0;]

  [(15)Addition or Termination of Appraiser Trainee Sponsorship, TALCB Form ATS-0;]

  [(16)Appraiser Experience Affidavit, TALCB Form AEA-0;]

  [(17)Appraisal Experience Explanation, TALCB Form AEE-0.]

(b)[(d)] An application may be considered void and subject to no further evaluation or processing if an applicant fails to provide information or documentation within 60 days after the Board makes written request for the information or documentation.

(c)[(e)] A certification, license, or appraiser trainee approval is valid for the term for which it is issued by the Board unless suspended or revoked for cause and unless revoked, may be renewed in accordance with the requirements of §153.17 of this title (relating to Renewal or Extension of Certification and[,] License or Renewal of Trainee Approval).

(d)[(f)] The Board may deny certification, licensing, approval as an appraiser trainee, or registration for out-of-state [non-resident] temporary practice to an applicant who fails to satisfy the board as to the applicant's honesty, trustworthiness, and integrity.

(e)[(g)] The Board may deny certification, licensure, approval as an appraiser trainee, or registration for out-of-state [non-resident] temporary practice to an applicant who submits incomplete, false, or misleading information on the application or supporting documentation.

[(h)An application shall be considered void and subject to no further evaluation or processing if the applicant fails to provide acceptable documentation that all requirements for licensure, certification, or approval as an appraiser trainee have been met within one year of the date the application was received by the Board.]

(f) [(i)] When an application is denied by the Board, no subsequent application will be accepted within one year of the application denial.

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 May 25, 2010

TRD-201002922

Devon V. Bijansky

General Counsel

Texas Appraiser Licensing and Certification Board

Earliest possible date of adoption: July 11, 2010

For further information, please call: (512) 465-3938



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