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 §153.23Inactive Certificate or License
ISSUE 09/24/2010
ACTION Proposed
Preamble Texas Admin Code Rule

(a)A currently certified or licensed appraiser may request to be placed on inactive status by filing a request for inactive status on a form approved by the board and paying the required fee. [provided the appraiser:]

   [(1)applies to the board before the expiration date of the appraiser's certificate or license on a Request for Inactive Status form approved by the board;]

   [(2)pays the appropriate renewal fees and inactive status fee as specified in §153.5 of this title (relating to fees);]

   [(3)confirms in writing on a form approved by the board, that the certified appraiser has given any appraiser trainee sponsored by the certified appraiser written notice of termination of sponsorship at least 30 days prior to filing the request for inactive status; and]

   [(4)returns the original current license or certificate to the board.]

(b)A certified or licensed appraiser whose certificate or license has expired may renew [request to be placed] on inactive status by[, provided the appraiser]:

   (1)filing, within one year of expiration, an application for late renewal on a form approved by the board;

   (2)indicating on the application that the appraiser wishes to renew on inactive status; and

   [(1)applies to the board no later than the first anniversary of the expiration date of the appraiser's certificate or license on a Request for Inactive Status form approved by the board; and]

  (3)[(2)] paying [pays ] the required [appropriate] renewal fees [and inactive status fee as specified in §153.5 of this title].

(c)An appraiser on inactive status:

  (1)shall not appraise real property, engage in appraisal practice, or perform any activity for which an appraiser license or certification is required; and[.]

   (2)must file the proper application and pay all required fees, except for the national registry fee, in order to renew the license or certification.

   [(2)must pay appropriate renewal fees and inactive status fees as specified in §153.5 of this title.]

   [(3)is not required to pay the national registry fee as specified in §153.5 of this title.]

   [(4)in order to continue on inactive status, the appraiser must renew the certificate or license as specified in §153.17 of this title (relating to Renewal or Extension of Certification and License or Renewal of Trainee Approval), and pay appropriate fees as specified in §153.5 of this title.]

(d)To return to active status, a licensed or certified appraiser who has been placed on inactive status must:

  (1)request to [apply to the board for] return to active status on a [Request to Return to Active Status] form approved by the board;

  (2)pay the return to active status fee [appropriate fees as specified in §153.5 of this title]; and

  (3)satisfy all appraiser continuing education (ACE) requirements [specified in §153.18 of this title (relating to Appraiser Continuing Education)] that were not completed while on inactive status, except that the appraiser is not required to complete the most current USPAP update course more than once in order to return to active status and shall substitute other approved courses to meet the required number of hours of ACE.

(e)A licensed or certified appraiser who has been on inactive status may not resume practice until [ once the appraiser has applied for return to active status, satisfied ACE requirements, paid the appropriate fees, and] the active license or certification has been issued by the board.

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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