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 §153.18Appraiser Continuing Education (ACE)
ISSUE 03/11/2011
ACTION Final/Adopted
Preamble Texas Admin Code Rule

(a)Certified and licensed appraisers. In order to renew a license or certification, an appraiser must successfully complete, during the two-year period preceding the expiration of the certification or license, the equivalent of at least 28 classroom hours of ACE courses approved by the board, including the 7-hour National USPAP Update course. The courses must comply with the requirements set out in subsection (c) of this section.

(b)Appraiser trainees. In order to renew an approval, a trainee must successfully complete, during the one-year period preceding the expiration of the approval, 14 classroom hours of ACE courses. Every two years, the required hours must include the 7-hour National USPAP Update course.

(c)Approval of ACE courses. In approving ACE courses, the board shall base its review and approval of ACE courses upon the then current appraiser qualifications criteria of the Appraiser Qualifications Board (AQB).

  (1)The purpose of ACE is to ensure that certified and licensed appraisers participate in programs that maintain and increase their skill, knowledge, and competency in real estate appraising.

  (2)The following types of educational offerings that may be accepted for meeting the ACE requirements are listed in subparagraphs (A) - (H) of this paragraph:

    (A)A course that meets the requirements for certification or licensing also may be accepted for meeting ACE provided:

      (i)The course is devoted to one or more of the appraisal related topics of the then current appraiser qualifications criteria of the Appraiser Qualifications Board (AQB) for continuing education;

      (ii)the course was not repeated within a three year period; and

      (iii)the educational offering is at least two hours in length.

    (B)The board shall accept as continuing education any continuing education offering that has been approved by the AQB course approval process or by another state appraiser licensing and certification board. Course providers may obtain prior approval of continuing education offerings by filing forms prescribed by the board and submitting a letter indicating that the course has been approved by the AQB under its course approval process or by another state appraiser licensing and certification board. Approval of a course based on AQB approval shall expire on the date of expiration of the AQB approval and shall be automatically revoked upon the revocation of AQB approval. Approval of a course based on any other authority shall expire on the earlier of the date of expiration in another state, if applicable, or two years from board approval and shall be automatically revoked upon the revocation of the other state's approval.

    (C)Distance education courses, provided that the course is approved by the board and the course either has been presented by an accredited college or university that offers distance education programs in other disciplines, or has been approved by the Appraiser Qualifications Board under its course approval process and the student successfully completed a written examination proctored by an official approved by the presenting college or university or by the sponsoring organization consistent with the requirements of the course accreditation. A minimum number of hours equal to the number of hours of credit must elapse from course enrollment until completion.

    (D)''In-house" education and training may not be counted toward ACE requirements.

    (E)To satisfy the USPAP ACE requirement, a course must:

      (i)be the 7-hour National USPAP Update Course or its equivalent, as determined by the AQB;

      (ii)use the current edition of the USPAP promulgated by the Appraisal Standards Board of the Appraisal Foundation;

      (iii)provide each student with his or her own permanent copy of the current USPAP promulgated by the Appraisal Standards Board of the Appraisal Foundation; and

      (iv)be taught by at least one instructor who is an AQB-certified USPAP instructor and also a certified appraiser.

    (F)Providers of USPAP ACE courses may include up to one additional hour of supplemental Texas specific information. This may include such topics as the TALCB Act, TALCB Rules, processes and procedures, enforcement issues, or other topics deemed to be appropriate by the board.

    (G)Up to one half of an individual's continuing education requirement may be satisfied through participation other than as a student, in real estate appraisal educational processes and programs. Examples of activities for which credit may be granted are teaching, educational program development, authorship of real estate appraisal textbooks, or similar activities that are determined by the board to be equivalent to obtaining ACE. Appraisal experience may not be substituted for ACE.

    (H)Neither current members of the Texas Appraiser Licensing and Certification Board nor those board staff engaged in the approval of courses or educational qualifications of applicants, certificate holders or licensees shall be eligible to teach or guest lecture as part of an approved appraiser qualifying or continuing education course.

(d)If the board determines that a course no longer complies with the requirements for approval, it may suspend or revoke the approval. Proceedings to suspend or revoke approval of a course shall be conducted in accordance with the board's disciplinary provisions for certifications, licenses, authorizations, or registrations.

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 February 28, 2011

TRD-201100804

Devon V. Bijansky

General Counsel

Texas Appraiser Licensing and Certification Board

Effective date: March 20, 2011

Proposal publication date: December 24, 2010

For further information, please call: (512) 465-3938



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