(a)General Provisions. (1)The board shall send a renewal notice to the appraiser at least 90 days prior to the expiration of the certification, license, or approval. It is the responsibility of the appraiser or trainee to apply for renewal in accordance with this chapter, and failure to receive a renewal notice from the board does not relieve the appraiser of the responsibility to timely apply for renewal. (2)An appraiser or appraiser trainee renews the certification, license, or approval by timely filing the prescribed application for renewal, paying the appropriate fees to the board, and satisfying all applicable education and experience requirements. (3)A renewal is timely if it is complete and, on or before the date of expiration, it is postmarked by the U.S. Postal Service, accepted by an overnight delivery service, or accepted by the agency's online renewal system. (b)[(a)] [Relating to] General Certification, Residential Certification, State License, and Provisional License. (1)[A license or certification issued by the board is valid for two years after the date of issuance.] A certified or licensed appraiser may renew the certification or license by timely filing the prescribed application for renewal, paying the appropriate fees to the board and, unless renewing on inactive status, satisfying ACE [appraiser continuing education] requirements. Provisional licensees must also provide a copy of an appraisal log and experience affidavit, on forms prescribed by the board, for the period of licensure being renewed.[ , unless on inactive status, as provided by §153.18 of this title (relating to Appraiser Continuing Education).] [(2)The board shall mail the prescribed renewal application form to the appraiser's last known business address at least 90 days prior to the expiration of the certification or license. It is the responsibility of the appraiser to apply for renewal, or extension, in accordance with these sections, and failure to receive a renewal application from the board does not relieve the appraiser of the responsibility of timely applying for renewal.] [(3)A certification or license may be renewed by timely filing a renewal application or timely filing a request for extension as specified in §153.17(a)(5) and (6) of this title. An appraiser who does not timely renew or request an extension must reapply for certification or license in accordance with the provisions of §153.9 of this title (relating to Applications). If the application is filed within one year of the expiration of a previous certification or license, the applicant shall also provide satisfactory evidence of completion of any continuing education, as provided by §153.18 of this title, that would have been required for a timely renewal of the previous certification or license. If the application for certification or license is filed more than one year after the expiration of the previous certification or license, the applicant must successfully complete the examination required by §153.11 of this title (relating to Examinations).] (2)In order to renew on active status, the applicant must complete the ACE report form approved by the board and submit course completion certificates for each course that was not already submitted by the provider and reflected in the applicant's electronic license record. [(4)An ACE Report, on a form prescribed by the board, must be submitted with each application for renewal. The ACE Report may be filed electronically by those who are renewing through the TexasOnline system.] (A)The board may request additional verification of ACE submitted in connection with a renewal. (B)[(A)] Knowingly or intentionally furnishing false or misleading ACE information in connection with a renewal [the ACE Report filed under this section] is grounds for disciplinary action up to and including revocation of certification or licensure [as provided by §153.20(12) of this title (relating to Guidelines for Revocation, Suspension or Denial of Licensure or Certification)]. [(B)It is the appraiser's responsibility to maintain a record to document the ACE, which is claimed for the renewal, and the documentation must be kept in the appraiser's file for 5 years. The documentation must contain all transcripts or course certificates or continuing education forms applicable to the courses claimed issued by the course provider(s).] [(C)The board may require verification of acceptable ACE for any renewal application. The renewing appraiser must submit the documentation within 20 days after the date of notification. The verification may be obtained by:] [(i)requiring copies of all transcripts or course certificates or continuing education forms that were issued by the course provider(s); and] [(ii)engaging in other investigative research determined to be appropriate by the board.] [(D)Failure to comply with a request for verification of ACE documentation is a violation of these rules and may result in revocation or suspension of certification or licensure and other disciplinary action.] [(5)Provisional licensees must provide a copy of an appraisal log and affidavit, on forms prescribed by the board, for the period of licensure being renewed.] (3)[(6)] An appraiser renewal application or extension is acceptable for processing when it is received by the board, with proper fees, and is postmarked by the U.S. Postal Service, accepted by an overnight delivery service, or entered electronically into the TexasOnline system, on or before the expiration date of the certification or license. (A)The [Upon receipt of a complete request for an extension the] board may grant, at the time it issues a certification or license renewal, an extension of time of up to 60 days after the date of expiration of the previous license [ renewal] to complete [appraiser continuing education (] ACE[)] required to renew a general certification, residential certification, state license, or provisional license, provided the person: (i)timely submits the completed renewal form [ Appraiser Renewal Form] with the appropriate renewal fees; (ii)completes an extension request form [ Extension Request Form]; and (iii)pays an extension fee of $200.[;] [(iv)completes the required ACE no later than the 60th day after the date the certification or license is renewed; and] [(v)submits a non-revokable request for inactive status form with an effective date 60 days after the current renewal date (which request shall be considered withdrawn if the person successfully completes the required ACE within the authorized period of the extension).] (B)ACE courses completed during the 60-day extension period apply only to the current renewal and may not be applied to any subsequent renewal of the license or certification. (C)A person whose license was renewed with a 60-day ACE extension [who has been granted an extension to complete ACE requirements]: (i)shall not perform appraisals in a federally related transaction (FRT) until verification is received by the board that the ACE requirements have been met; (ii)may continue to perform appraisals in non-federally related transactions (non-FRT [Non-FRT]) under the renewed license or certification; [and] (iii)must, within 60 days after the date of expiration of the previous license, complete the approved ACE report form and submit course completion certificates for each course that was not already submitted by the provider and reflected in the applicant's electronic license record; and (iv)[(iii)] will have the renewed license or certification placed in inactive status if, within 60 days of the previous expiration date, ACE is not completed and reported in the manner indicated in paragraph (2) of this subsection. [ satisfactory evidence of meeting the required ACE requirements has not been completed and received by the board within 60 days of the previous expiration date.] The renewed license or certification will [be] remain on inactive status [by the board] until satisfactory evidence of meeting the ACE requirements has been received by the board and the fee to return to active status required by §153.5 of this title (relating to Fees [fees]) has been paid. (c)[(b)] [Relating to] Appraiser Trainees. [(1)An appraiser trainee approval issued by the board is valid for one year after the date of issuance. An appraiser trainee may renew the trainee approval by timely filing the prescribed application for renewal, paying the appropriate fees to the board and satisfying education requirements as provided by §153.18(b) of this title.] [(2)The board shall mail the prescribed renewal application form to the appraiser trainee's last known business address at least 90 days prior to the expiration of the approval. It is the responsibility of the appraiser trainee to apply for renewal, in accordance with these sections. Failure to receive a renewal application from the board does not relieve the appraiser trainee of the responsibility of timely applying for renewal.] [(3)An appraiser renewal application is acceptable for processing when it is received by the board, with proper fees, and is postmarked by the U.S. Postal Service, accepted by an overnight delivery service, or entered electronically into the TexasOnline system, on or before the expiration date of the trainee approval.] (1)[(4)] Appraiser trainees must provide a copy of an appraisal log and appraisal experience affidavits on forms prescribed by the board, for the period of authorization or approval being renewed. (2)Appraiser trainees may not obtain an extension of time to complete required continuing education. [(5)An approved appraiser trainee who does not timely file a renewal application prior to the expiration date must reapply for approval as an appraiser trainee in accordance with the provisions of §153.9 of this title.] [(6)With a new application for approval, the applicant shall also provide satisfactory evidence of completion of current annual renewal education, as provided by §153.18(b) of this title, and an appraisal experience log and affidavit as provided by §153.17(b)(4) of this title, that would have been required for a timely renewal of the previous approval as an appraiser trainee.] [(7)The board does not grant extensions for meeting education requirements for the appraiser trainee classification.] (d)[(c)] Renewal of Licenses or Certification for Servicemen on Active Duty. (1)A person previously licensed or certified by the board under this Act who is on active duty in the United States armed forces may renew an expired license or certification without being subject to any increase in fee imposed in his or her absence, or any additional education or experience requirements if the person: (A)did [Did] not provide appraisal services when on active duty; (B)provides a copy of official orders or other documentation acceptable to the board showing that the person was on active duty during the person's last renewal period; (C)applies for the renewal within 90 days after the person's active duty ends; and (D)pays the renewal application fees in effect when the previous license or certification expired. (2)ACE [Appraiser continuing education] requirements [as set out in §153.18 of this title,] that would have been imposed for a timely renewal shall be deferred under this section for a period of up to 90 days. (e)Expiration and Reapplication. (1)An appraiser who wishes to become certified or licensed after the certification or license has expired must reapply for certification or licensure in accordance with the provisions of §153.9 of this title (relating to Applications). If the application is filed within one year of the expiration of a previous certification or license, the applicant shall also provide satisfactory evidence of completion of any continuing education that would have been required for a timely renewal of the previous certification or license. If the application for certification or license is filed more than one year after the expiration of the previous certification or license, the applicant must meet all then-current requirements for certification or licensure, including retaking and passing the examination. (2)An appraiser trainee who wishes to become approved as an appraiser trainee after the approval has expired must reapply for approval as an appraiser trainee in accordance with the provisions of §153.9 of this title. [(d)Denial of Licensing and Certification of Persons who are in Default on Texas Guaranteed Student Loan Corporation (TGSLC) Loans.] [(1)Renewals of licenses and certifications issued by the board are subject to the policies established by the Texas Education Code, §57.491.] [(2)Before the board declines to renew a license or certification due to default on a loan guaranteed by the TGSLC, a default on a repayment agreement with TGSLC, or a failure to enter a repayment agreement with TGSLC, the board shall give notice and provide an opportunity for a hearing in accordance with the provisions of the Texas Government Code, §2001.051 et seq.] [(3)The board shall advise those licensed or certified in renewal notices and shall advise those who apply for licensure or certification in application forms that default on a loan guaranteed by TGSLC may prevent subsequent renewal of a license or certification or prevent the approval of an initial application for license or certification.] (f)[(e)] Identity Theft. (1)For purposes of this subsection "identity theft" shall mean any of the following activities occurring in connection with the rendition of real estate appraisal services: (A)Unlawfully obtaining, possessing, transferring or using a certification, license, authorization or registration issued by the board; (B)Unlawfully obtaining, possessing, transferring or using a person's electronic or handwritten signature. (2)A person holding a certification, license, authorization or registration issued by the board shall implement and maintain reasonable procedures to protect and safeguard themselves from identity theft. (3)A person holding a certification, license, authorization or registration shall notify the board if they are the victim of identity theft within 90 [(90) ninety] days of discovering such theft. Notice shall be effectuated by filing a signed, written request [complaint] on a form prescribed by the board. (4)The board may invalidate a current certification, license, authorization or registration and issue a new one to a person the board determines is a victim of identity theft. Any person seeking the invalidation of a current certification, license, authorization or registration and issuance of a new one shall[:] [(A)]submit a written, signed request on a form provided by the board for the invalidation of a current certification, license, approval, authorization or registration and issuance of a new one. The basis for the request must be [because the person is a victim of] identity theft, [and shall be made on a form prescribed by the board;] and [(B)]the requestor must [have the burden to] submit credible evidence that the person is a [that the board determines is credible which demonstrates they are the] victim of identity theft.[ ;] Without limiting the type of evidence a person may submit to the board, a court order issued in accordance with Texas Business and Commerce Code Chapter 521, Subchapter C, [§48.202, ] declaring that the person is a victim of identity theft shall constitute credible evidence. Any such court order must relate to identity theft as defined in this subsection. (5)Engaging in identity theft in order to perform appraisals a person is not legally permitted to perform[,] constitutes a violation of [§]§153.20(a)(7), (20), and (22) [(4), (18) and (20)] of this title. In [and in] addition to any action taken by the board, persons engaging in identity theft may also be referred to the appropriate law enforcement agency for criminal prosecution.
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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