(a)Applicants for a license [certification, licensure, or approval as a trainee] must meet all educational requirements set forth by the AQB [Appraiser Qualifications Board]. [(b)Education by endorsement: An applicant for certification who is currently licensed and in good standing in a state that has not been disapproved by the Appraisal Subcommittee is deemed to satisfy the education requirements for the same level of certification in Texas. The applicant shall provide appropriate documentation as required by the board.] (b)[(c)] The Board [ board] may accept a course of study to satisfy educational requirements for [certification or] licensing established by the Act or by this section if the Board [board] has approved the course and determined it to be a course related to real estate appraisal. (c)[(d)] The Board will [ board shall] approve courses for licensing [appraiser certification] upon a determination of the Board [board ] that: (1)the subject matter of the course was appraisal related; (2)the course was offered by an accredited college or university, or the course was approved by the AQB [Appraiser Qualifications Board] under its course approval process as a qualifying education course; (3)the applicant obtained credit received in a classroom presentation the hours of instruction for which credit was given and successfully completed a final examination for course credit except as specified in subsection (i) of this section (relating to distance education); and (4)the course was at least 15 classroom hours in duration, including [which includes] time devoted to examinations that [which] are considered to be part of the course. (d)[(e)] The Board [ board] may require an applicant to furnish materials such as course outlines, syllabi, course descriptions or official transcripts to verify course content or credit. (e)[(f)] Course providers may obtain prior approval of a course by filing forms prescribed by the Board [board] and submitting a letter indicating that the course has been approved by the AQB [Appraiser Qualifications Board] under its course approval process. Approval of a course based on AQB approval expires [shall expire] on the date [of expiration of] the AQB approval expires and is [shall be] automatically revoked upon [the] revocation of the AQB approval. (f)[(g)] If the transcript reflects the actual hours of instruction the student received from an acceptable provider, the Board will [The board shall] accept classroom hour units of instruction as shown on the transcript or other document evidencing course credit. Fifteen classroom hours of credit may be awarded for one academic semester hour of credit. [ if the transcript reflects the actual hours of instruction the student received. Fifteen classroom hours of credit may be awarded for one semester hour of credit from an acceptable provider. Ten classroom hours of credit may be awarded for one quarter hour of credit from an acceptable provider. Ten classroom hours of credit may be awarded for each continuing education credit from an acceptable provider. The board may not accept courses repeated within three years of the original offering unless the subject matter has changed significantly.] (g)The Board may not accept courses repeated within three years of the original offering unless the subject matter has changed significantly. [(h)Instructors who are also certified or licensed appraisers may receive continuing education credit consistent with the criteria adopted by the Appraiser Qualifications Board. Credit for instructing any given course or seminar can only be awarded once during a continuing education cycle.] (h) [(i)] Distance education courses may be acceptable to meet the classroom hour requirement, or its equivalent, provided that the course is approved by the Board [board], that a minimum time equal to the number of hours of credit elapses from the date of course enrollment until its completion, and that the course meets the criteria listed in paragraph (1) or (2) of this subsection. (1)The course must have been presented by an accredited college or university that offers distance education programs in other disciplines; and (A)the person has successfully completed a written examination administered to the positively identified person at a location and proctored by an official approved by the college or university; and (B)the content and length of the course must meet the requirements for real estate appraisal related courses established by this chapter and by the requirements for qualifying education established by the AQB [Appraiser Qualifications Board of the Appraisal Foundation] and is equivalent to a minimum of 15 classroom hours. (2)The course has received [the] approval for academic [college] credit or has been approved under the AQB Course Approval program; and (A)the person successfully completes a written examination proctored by an official approved by the presenting entity; (B)the course meets the requirements for qualifying education established by the AQB; and [Appraiser Qualifications Board and is equivalent to the minimum of 15 classroom hours.] (C)is equivalent to a minimum of fifteen classroom hours. (i) [(j)] "In-house" education and training is not acceptable for meeting the educational requirements for [certification or] licensure. (j) [(k)] To meet [ be acceptable for meeting] the USPAP educational requirements [ requirement], a course must: (1)utilize the "National Uniform Standards of Professional Appraisal Practice (USPAP) Course" promulgated by the Appraisal Foundation, including the Student Manual and Instructor Manual; or (2)be an equivalent USPAP course as determined by the AQB that: (A) [(1)] is [Be] devoted to the USPAP with a minimum of 15 classroom hours of instruction; (B) [(2)] uses [Use ] the current edition of the USPAP promulgated by the ASB; and [Appraisal Standards Board of the Appraisal Foundation;] (C)[(3)] provides [ Provide] each student with his or her own permanent copy of the current edition of the USPAP promulgated by the ASB [ Appraisal Standards Board of the Appraisal Foundation; and]. [(4)utilize the "National Uniform Standards of Professional Appraisal Practice (USPAP) Course" promulgated by the Appraisal Foundation, including the Student Manual and Instructor Manual or an equivalent USPAP course as determined by the AQB.] (k)[(l)] Unless authorized by law, neither [Neither] current members of the [Texas Appraiser Licensing and Certification] Board nor those Board [board] staff engaged in the approval of courses or educational qualifications of applicants or license holders[, certificate holders or licensees] shall be eligible to teach or guest lecture as part of an [approved appraiser qualifying or continuing] education course approved for licensing. (l)[(m)] If the Board [ 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 [board's] disciplinary provisions for licenses [certifications, licenses, authorizations, or registrations].
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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