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 §153.11Examinations
ISSUE 05/30/2014
ACTION Proposed
Preamble Texas Admin Code Rule

(a)Each examination shall be consistent with the examination criteria and examination content outline of the AQB [Appraiser Qualifications Board (AQB)] for the category of license [or certification] sought. To become licensed [or certified], an applicant must achieve a passing score acceptable to the AQB on the examination.

(b)The examination fee must be paid each time the examination is taken.

(c)[(b)] [The examination fee is $61.00.] Examinations shall be administered at locations designated by the Board [board]. An applicant who is registered for an examination and fails to attend shall forfeit the examination fee.

(d)Applicants must present the following documents to the examination proctor to be admitted to the examination:

  (1)exam registration paperwork as required by the testing service under contract with the Board; and

  (2)official photo-bearing personal identification.

(e)Applicants shall comply with all instructions from the Board, an examination proctor, or the testing service under contract with the Board. Examination proctors may:

  (1)refuse admittance to any applicant who cannot provide adequate identification;

  (2)refuse admittance to an applicant who reports for the examination after the time the examination is scheduled to begin;

  (3)refuse admittance to an applicant or dismiss an applicant from the examination if, in the proctor's opinion, the applicant's conduct or demeanor is a disruptive influence to other applicants;

  (4)assign a specific desk or seat to each applicant;

  (5)require an applicant to be re-seated during the course of an examination;

  (6)confiscate examination materials and dismiss an applicant from the examination for giving, receiving, or attempting to give or receive unauthorized assistance or answers to examination questions.

(f)No credit will be given to applicants who are dismissed from an examination, and dismissal may result in denial of an application.

[(c)To be authorized for admittance to an examination, the applicant must present to the examination proctor appropriate documentation required by the testing service under contract with the board. Examination proctors shall require official photo-bearing personal identification of individuals appearing for an examination and shall deny entrance to anyone who cannot provide adequate identification. Proctors may refuse admittance to an examinee or dismiss an examinee prior to the completion of the examination, if in the proctor's opinion, the individual's conduct or demeanor is such that the proctor feels the individual would be a disruptive influence on the other examinees. Proctors may assign a specific seat or desk to each examinee. Proctors may require that an examinee be reseated during the course of the examination. Proctors may refuse admittance to an examinee who reports to the proctor for admittance to the examination after the time the examination is scheduled to begin.]

(g)[(d)] Examinees may [ are permitted to] use slide rules or silent, battery-operated, electronic, hand-held [pocket-sized] calculators. If a calculator has printout capability, the use of the calculator must be approved by the examination proctor prior to the examination. No other electronic devices are permitted. [Cellular telephones with calculator capabilities are not permitted.]

(h)[(e)] Special examinations based on verified physical limitations or other good cause as determined by the Board [board] may be arranged for individual applicants. Requests for special examinations will be handled individually and may require medical verification or confirmation.

(i)[(f)] [Examinees shall comply with all instructions from the board, an examination proctor, or the testing service under contract with the board. Proctors may confiscate examination materials of an examinee giving or receiving or attempting to give or receive unauthorized assistance or answers to examination questions and such examinee will be dismissed from the examination session with a failing grade. Dismissal may result in disapproval of an application.] The Board [board ], or the testing service under contract with the Board [ board], may file theft charges against any person who removes or attempts to remove an examination or any portion thereof or any written material furnished with the examination whether by actual physical removal or by transcription. [The board may deny, suspend, or revoke a license or certification for disclosing to another person the content of any portion of an examination with the expectation that the disclosed information would be used by or made available to another applicant.]

(j)The Board may deny, suspend, or revoke a license for disclosing to another person the content of any portion of an examination.

[(g)The examination fee must be paid each time the examination is taken.]

(k)[(h)] If the applicant has not satisfied all requirements, including passing the examination, within one year from the date [time] the Board [board] accepted an application for filing, the application is terminated and a new application is required.

(l)[(i)] Successful completion of the examination is valid for a period of 24 months.

(m)[(j)] An applicant who fails the examination three consecutive times may not apply for reexamination or submit a new license application unless the applicant submits evidence satisfactory to the Board [board] that the applicant has completed 30 additional hours of core education after the date the applicant failed the examination for the third time.

(n)[(k)] Examination by endorsement: An applicant for a license [state license or certification ] who has successfully passed an AQB approved competency examination, and is currently licensed [or certified] in another jurisdiction and in good standing, will not be required to retake the examination for the same level of licensure [or certification] to become [certified or] licensed in Texas. The applicant shall provide appropriate documentation as required.

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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