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(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)General Certification, Residential Certification, State License, and Provisional License. (1)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 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. (2)In order to renew on active status, the applicant must complete the ACE report form approved by the board and, within 20 days of filing the renewal, submit course completion certificates for each course that was not already submitted by the provider and reflected in the applicant's electronic license record. (A)The board may request additional verification of ACE submitted in connection with a renewal. If requested, such documentation must be provided within 20 days after the date of request. (B)Knowingly or intentionally furnishing false or misleading ACE information in connection with a renewal is grounds for disciplinary action up to and including revocation of certification or licensure. (3)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 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 to complete ACE required to renew a general certification, residential certification, state license, or provisional license, provided the person: (i)timely submits the completed renewal form with the appropriate renewal fees; (ii)completes an extension request form; and (iii)pays an extension fee of $200. (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: (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) under the renewed license or certification; (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)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. The renewed license or certification will remain on inactive status 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) has been paid. (c)Appraiser Trainees. (1)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. (d)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 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 requirements 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. (f)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 days of discovering such theft. Notice shall be effectuated by filing a signed, written request 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 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 identity theft, and the requestor must submit credible evidence that the person is a 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, 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) of this title (relating to Guidelines for Revocation, Suspension, or Denial of Licensure or Certification). 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 adoption
has been reviewed by legal counsel and found to be a valid exercise
of the agency's legal authority.
Filed with the Office
of the
Secretary of State on December 7, 2010
TRD-201006927 Devon V. Bijansky
General Counsel
Texas Appraiser Licensing and Certification Board
Effective date: December 27, 2010
Proposal publication date: September 24, 2010
For further information, please call: (512) 465-3938
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