(a)Certified and licensed appraisers. In order to renew a license or certification, an [Renewing a Certification or License. An] appraiser must successfully complete, during the two-year period preceding the expiration of the certification or license, the equivalent of at least 28 classroom hours of ACE [appraiser continuing education (ACE)] courses approved by the board, including the 7-hour National USPAP Update course. [ during the two year period preceding the expiration of the certification or license. Renewals shall include a minimum of seven classroom hours devoted to the Uniform Standards of Professional Appraisal Practice (USPAP).] The courses must comply with the requirements set out in subsection (c) of this section. (b)Appraiser trainees. In order to renew an approval, a trainee must successfully complete, during the one-year period preceding the expiration of the approval, 14 classroom hours of ACE courses. Every two years, the required hours must include the 7-hour National USPAP Update course. [Renewing an Appraiser Trainee Approval.] [(1)For a trainee Whose Application Was Accepted by the Board Prior to March 1, 2006. As a condition for renewing an appraiser trainee authorization, a trainee must successfully complete educational courses during the one-year period preceding the expiration of the appraiser trainee authorization being renewed. The courses must comply with the fundamental education requirements for application for licensing and certification as set out in §153.13(f) - (o) of this title (relating to Educational Requirements):] [(A)For the first annual renewal and every other annual renewal thereafter (third, fifth, seventh, etc.), a total of 45 classroom hours which shall include a minimum of 30 classroom hours of real estate appraisal courses and 15 classroom hours in a course devoted to the USPAP. The course shall include successful completion of an examination; and] [(B)For the second annual renewal and every other annual renewal thereafter (fourth, sixth, etc.), a minimum of 30 classroom hours of real estate appraisal courses which shall include the successful completion of an examination.] [(2)For a Trainee Whose Application Was Accepted by the Board After February 28, 2006. As a condition for renewing an appraiser trainee authorization, a trainee shall be required to successfully complete 14 classroom hours of appraiser continuing education courses with each annual renewal. The renewal requirement includes successful completion of a 7 hour national USPAP update course, or the equivalent, every two years.] (c)Approval of ACE courses. In approving ACE courses, the board shall base its review and approval of ACE [ appraiser continuing education] courses upon the then current appraiser qualifications criteria of the Appraiser Qualifications Board (AQB). (1)The purpose of ACE is to ensure that certified and licensed appraisers participate in programs that maintain and increase their skill, knowledge, and competency in real estate appraising. (2)The following types of educational offerings that may be accepted for meeting the ACE requirements are listed in subparagraphs (A) - (H) of this paragraph: (A)A course that meets the requirements for certification or licensing also may be accepted for meeting ACE provided: (i)The course is devoted to one or more of the appraisal related topics of the then current appraiser qualifications criteria of the Appraiser Qualifications Board (AQB) for continuing education; (ii)the course was not repeated within a three year period; and (iii)the educational offering is at least two hours in length. (B)The board shall accept as continuing education any continuing education offering that has been approved by the Appraiser Qualifications Board course approval process or by another state appraiser licensing and certification board. Course providers may obtain prior approval of continuing education offerings 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 or by another state appraiser licensing and certification board. (C)Distance education courses, provided that the course is approved by the board and the course either has been presented by an accredited college or university that offers distance education programs in other disciplines, or has been approved by the Appraiser Qualifications Board under its course approval process and the student successfully completed a written examination proctored by an official approved by the presenting college or university or by the sponsoring organization consistent with the requirements of the course accreditation. A minimum number of hours [time ] equal to the number of hours of credit must elapse from [the date of] course enrollment until [its] completion. (D)"In-house" education and training may not be counted toward ACE requirements. [are not acceptable for meeting the appraiser continuing education (ACE) requirements.] (E)To satisfy USPAP ACE [be acceptable for meeting the Uniform Standards of Professional Appraisal Practice (USPAP), appraiser continuing education (ACE)] requirement, a course must: (i)be the 7-hour National USPAP Update Course [or National USPAP Course] or its equivalent, as determined by the AQB; (ii)use the current edition of the USPAP [ Uniform Standards of Professional Appraisal Practice (USPAP)] promulgated by the Appraisal Standards Board of the Appraisal Foundation; (iii)provide each student with his or her own permanent copy of the current USPAP [Uniform Standards of Professional Appraisal Practice (USPAP)] promulgated by the Appraisal Standards Board of the Appraisal Foundation; and [additionally,] (iv)be taught by at least one instructor who is an AQB-certified USPAP instructor and also a certified appraiser. (F)[(iv)] Providers of USPAP ACE courses [providers] may include up to one additional hour of supplemental Texas specific information. This may include such topics as the TALCB Act, TALCB Rules, processes and procedures, enforcement issues, or other topics deemed to be appropriate by the board. [(F)As part of the 28 classroom hour ACE requirement, an appraiser must successfully complete a minimum of seven classroom hours of instruction devoted to the USPAP before each renewal.] (G)Up to one half of an individual's continuing education requirement may be satisfied through participation[,] other than as a student, in real estate appraisal educational processes and programs. Examples of activities for which credit may be granted are teaching, educational program development, authorship of real estate appraisal textbooks, or similar activities that are determined by the board to be equivalent to obtaining ACE [appraiser continuing education]. Appraisal experience may not be substituted for ACE. (H)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 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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