(a)A person desiring to be [certified or] licensed as an appraiser, [approved as an] appraiser trainee, or [registered as a] temporary out-of-state appraiser shall file an application using forms prescribed by the Board or the Board's online application system, if available. The Board may decline to accept for filing an application that is materially incomplete or that is not accompanied by the appropriate fee. Except as provided by the Act, the Board may not grant a license [certification, license or approval of trainee status] to an applicant who has not: (1)paid the required fees; (2)satisfied any experience and education requirements established by the Act, Board rules, or the AQB [or by these sections]; (3)successfully completed any qualifying examination prescribed by the Board [board]; (4)provided all supporting documentation or information requested by the Board [board] in connection with the application; (5)satisfied all unresolved enforcement matters and requirements with the Board [board]; and (6)met any additional or superseding requirements established by the Appraisal Qualifications Board. (b)An application may be considered void and subject to no further evaluation or processing if an applicant fails to provide information or documentation within 60 days after the Board makes a written request for the information or documentation. (c)A license [certification, license, or appraiser trainee approval] is valid for the term for which it is issued by the Board unless suspended or revoked for cause and unless revoked, may be renewed in accordance with the requirements of §153.17 of this title (relating to Renewal or Extension of Certification and License or Renewal of Trainee Approval). (d)The Board may deny a license [certification, licensing, approval as an appraiser trainee, or registration for out-of-state temporary practice] to an applicant who fails to satisfy the Board [board] as to the applicant's honesty, trustworthiness, and integrity. (e)The Board may deny a license [certification, licensure, approval as an appraiser trainee, or registration for out-of-state temporary practice] to an applicant who submits incomplete, false, or misleading information on the application or supporting documentation. (f)When an application is denied by the Board, no subsequent application will be accepted within one year after the date of the Board's notice denying the application as required in §157.7 of this title (relating to Denial of a License) [ of the application denial]. (g)This subsection applies to an applicant who is the spouse of a person serving on active duty as a member of the armed forces of the United States. (1)The Board shall issue on an expedited basis a [certificate or] license to an applicant who holds a current [certificate or] license issued by another state or jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the [certificate or] license issued in this state. (2)The Board may issue a license to an applicant who within the five years preceding the application date held the [certificate or] license in this state that expired while the applicant lived in another state for at least six months. (3)The Board [board] may allow an applicant to demonstrate competency by alternative methods in order to meet the requirements for obtaining a particular [certificate or] license issued by the Board. For purposes of this subsection, the standard method of demonstrating competency is the specific examination, education, and/or experience required to obtain a particular [certificate or] license. (4)In lieu of the standard method(s) of demonstrating competency for a particular [certificate or] license and based on the applicant's circumstances, the alternative methods for demonstrating competency may include any combination of the following as determined by the Board: (A)education; (B)continuing education; (C)examinations (written and/or practical); (D)letters of good standing; (E)letters of recommendation; (F)work experience; or (G)other methods required by the commissioner. (h)This subsection applies to an applicant who is serving on active duty or is a veteran of the armed forces of the United States. (1)The Board shall credit any verifiable military service, training or education obtained by an applicant that is relevant to a license toward the requirements of a license. (2)This subsection does not apply to an applicant who holds a restricted license issued by another jurisdiction. (3)The applicant must pass the qualifying examination, if any, for the type of license sought. (i)A person applying for license under subsection (g) or (h) of this section must also: (1)submit the Board's approved application form for the type of license sought; (2)submit the appropriate fee for that application; and (3)submit the supplemental form approved by the Board applicable to subsection (g) or (h) of this section. (j)The commissioner may issue a [certificate or] license by endorsement in the same manner as the Texas Department of Licensing and Regulation to an applicant under this subsection.
The agency certifies
that legal counsel has reviewed
the proposal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office
of the Secretary of State on May 19, 2014
TRD-201402339 Kristen Worman
General Counsel
Texas Appraiser Licensing and Certification Board
Earliest possible date of adoption: June 29, 2014
For further information, please call: (512) 936-3652
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