(a)A person desiring to be an appraiser trainee under the sponsorship of one or more state certified appraisers may apply to the board on the approved application for trainee authorization. In addition to the requirements set forth in §1103.353 of the Act [on the application form prescribed by the board on the application form prescribed by the board. For all applications received after March 31, 2006], a prospective appraiser trainee must: [meet the requirements set forth in §1103.353 of the Texas Appraiser Licensing and Certification Act,] (1)complete 75 creditable classroom hours as set forth in the Trainee Core Curriculum of the Appraiser Qualifications Board; and[, and must] (2)pass the 15 hours National USPAP course and examination. [A prospective trainee must be a citizen of the United States or a lawfully admitted alien; be at least 18 years of age; be a legal resident of this state for at least 60 days immediately before the filing of the application; and satisfy the board as to the prospective trainee's honesty, trustworthiness, and integrity.] (b)Once a person is approved as an appraiser trainee by the board, the person may perform appraisals or appraiser services only under the active, personal and diligent direction and supervision of a sponsoring certified appraiser. The trainee's authorization to perform appraisals or appraisal services terminates if [unless one of the following events occurs]: (1)the appraiser trainee approval expires due to nonpayment of the annual renewal fee or failure to satisfy the educational or experience requirements for renewal [have not been met]; (2)the sponsorship is terminated by either the sponsor or the trainee, leaving the appraiser trainee without a sponsoring certified appraiser; or (3)the trainee's authority to act has been suspended or revoked by the board. (c)[(b)] The sponsoring certified appraiser shall immediately notify the board and the trainee in writing of any termination of sponsorship of an appraiser trainee, on a form approved [prescribed] by the board and shall pay a fee set by the board not later than the 10th day after the date of such termination. [The board will notify the trainee that the sponsorship has been terminated.] (d)[(c)] If an appraiser trainee's approval has expired or been revoked by the board or the trainee is no longer under the sponsorship of a certified appraiser, the appraiser trainee may not perform the duties of an appraiser trainee until an application to sponsor the trainee has been filed together with the appropriate fee and approved by the board. (e)[(d)] Certified appraisers who sponsor appraiser trainees or who sign a report shall be responsible to the public and to the board for the conduct of the appraiser trainee under the Act. After notice and hearing, the board may reprimand a sponsoring appraiser or supervisor or may suspend or revoke a sponsoring appraiser's or supervisor's certification based on conduct by the appraiser trainee constituting a violation of the Act or a rule of the board. (f)[(e)] A certified appraiser may be added as a sponsor during the term of an appraiser trainee's authorization, by completing a form approved [prescribed] by the board and paying a fee set by the board, and shall assume all the duties, responsibilities, and obligations of an appraiser trainee sponsor as specified in these rules. (g)[(f)] The sponsoring certified appraiser and[,] any authorized supervisors must diligently supervise the trainee. Diligent supervision includes, but is not limited to, the following: [supervisor and the appraiser trainee must reside in this state.] (1)direct supervision and training as necessary; (2)ongoing training and supervision as necessary after the sponsor determines that the trainee no longer requires direct supervision; (3)communication with and accessibility to the trainee; and (4)review and quality control of the trainee's work. [(g)No individual shall sponsor more than three appraiser trainees at one time after December 31, 2007. Prior to January 1, 2008, individuals sponsoring three or more appraiser trainees may not take on any additional appraiser trainees nor shall they be allowed to renew any sponsorship which would result in the individual sponsoring more than three appraiser trainees.] (h)(No change.) (i)Certified appraisers may sponsor no more than three trainees at one time. Notification of sponsorship of an appraiser trainee must be provided in writing to the board on a form approved [ prescribed] by the board with the appropriate fee prior to the assumption of sponsorship. Termination of sponsorship of an appraiser trainee must be provided in writing to the board on a form approved [ prescribed] by the board with the appropriate fee prior to the release from sponsorship. A sponsor may designate another certified appraiser to serve as an authorized supervisor on specific appraisal projects for which state authorization is required. An authorized supervisor assumes the same responsibilities as a sponsor when supervising the work of an appraiser trainee. (j) - (k)(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 September 8, 2010
TRD-201005224 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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