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 §153.17Renewal or Extension of Certification and License or Renewal of Trainee Approval
ISSUE 12/13/2013
ACTION Final/Adopted
Preamble Texas Admin Code Rule

(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, and State 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.

  (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 maintain an appraisal log and appraisal experience affidavits on forms prescribed by the board, for the period of authorization or approval being renewed. It is the responsibility of both the appraiser trainee and the sponsor to ensure the appraisal log is accurate, complete and signed by both parties at least quarterly or upon change in sponsors. The appraiser trainee will promptly provide copies of the experience logs and affidavits to the board upon request.

  (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. If an application is filed within six months of the expiration of a previous certification, license, or approval, 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, license, or approval. If the application for certification, license, or approval is filed more than six months after the expiration of the previous certification, license, or approval, the applicant must meet all then-current requirements for certification, licensure, or approval, including retaking and passing the examination.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 2, 2013

TRD-201305544

Kerri Lewis

General Counsel

Texas Appraiser Licensing and Certification Board

Effective date: December 22, 2013

Proposal publication date: September 6, 2013

For further information, please call: (512) 936-3576



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