(a) - (c)(No change.) (d)Experience by endorsement: An applicant for certification who is currently licensed and in good standing in a state that has not been disapproved by the Appraisal Subcommittee is deemed to satisfy the experience requirements for the same level of certification in Texas. The applicant shall provide appropriate documentation as required by the board. (e)[(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. Experience credit may be awarded for: (1)Fee or staff appraisal when it is performed in accordance with Standards 1 and 2 and other provisions of the [Uniform Standards of Professional Practice (]USPAP[)] in effect at the time of the appraisal. (2)Ad valorem tax appraisal which: (A)conforms to USPAP Standard 6; and (B)demonstrates proficiency in appraisal principles, techniques, or skills used by appraisers practicing under USPAP Standard 1. (3)Condemnation appraisal. (4)Technical review appraisal to the extent that it demonstrates proficiency in appraisal principles, techniques, or skills used by appraisers practicing under USPAP Standard 1. (5)Appraisal analysis. A market analysis typically performed by a real estate broker or salesman may be awarded experience credit when the analysis is prepared in conformity with USPAP Standards 1 and 2. (6)Real property 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 Standard 1 and performed in accordance with USPAP Standards 4 and 5. (7)Experience credit may not be awarded for teaching appraisal courses. (f)[(e)] Experience claimed by an applicant must be submitted on forms prescribed [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)In exceptional situations, the board, at its discretion, may accept other evidence of experience claimed by the applicant. (3)If a consumer complaint or peer complaint is brought against the applicant alleging fraud, incompetence [incompetency ], or malpractice and the board finds the complaint is reasonable or if the board determines other just cause exists for requiring further information, the board may obtain the additional information or documentation requested by: (A)requiring the applicant to complete a form, prescribed by the board, that includes detailed listings of appraisal experience showing, for each appraisal claimed by the applicant, the city or county where the appraisal was performed, the type and description of the building or property appraised, the approaches to value utilized in the appraisal, the actual number of hours expended on the appraisal, name of client, and other information determined to be appropriate by the board; or (B)engaging in other investigative research determined to be appropriate by the board. (4)The board shall require verification of acceptable experience of all applicants for certification and no more than 5.0% of applicants for licensure, [the applications] selected by random sampling,[. The sampling shall be] applied when a minimum of twenty approved applications are received. Applicants have 60 days to provide all documentation requested by the board. The verification may be obtained by: (A)requiring the applicant to complete a form, prescribed by the board, that includes detailed listings of appraisal experience showing, for each appraisal claimed by the applicant, the city or county where the appraisal was performed, the type and description of the building or property appraised, the approaches to value utilized in the appraisal, the actual number of hours expended on the appraisal, name of client, and other information determined to be appropriate by the board; (B)requesting copies of appraisals and all supporting documentation, including the workfiles; and (C)[(B)] engaging in other investigative research determined to be appropriate by the board.[; and] [(C)allowing a minimum of 60 days after the date of selection for the applicant to prepare any records.] (5)Failure to comply with a request for verification of experience, or submission of experience that is found not to comply with the requirements for experience credit, is a violation of these rules and may result in denial of certification or licensure, and any disciplinary action up to and including revocation. (g)[(f)] An applicant may be granted experience credit only for real property appraisals which: (1)comply with the [Uniform Standards of Professional Appraisal Practice (]USPAP[)] in effect at the time of the appraisal; [and,] (2)are verifiable and supported by workfiles in which the applicant is identified as participating in the appraisal process; [and,] (3)were performed when the applicant had legal authority; and[,] (4)comply with the acceptable categories of experience as per the AQB experience criteria and stated in subsection (e) [ (d)] of this section.
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 September
8, 2010
TRD-201005223 Devon V. Bijansky
General Counsel
Texas Appraiser Licensing and Certification Board
Earliest possible date of adoption: October 24, 2010
For further information, please call: (512) 465-3938
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