(a)An applicant for a certified general real estate appraiser license [general real estate appraiser certification] must provide evidence satisfactory to the Board [board] that the applicant possesses the equivalent of 3,000 hours of real estate appraisal experience over a minimum of 30 months. At least 1,500 hours of experience must be in non-residential real estate appraisal work. Hours may be treated as cumulative in order to achieve the necessary hours of appraisal experience. (b)An applicant for a certified residential real estate appraiser license [certification] must provide evidence satisfactory to the Board [board] that the applicant possesses the equivalent of 2,500 hours of real estate appraisal experience over a minimum of 24 months. Hours may be treated as cumulative in order to achieve the necessary hours of appraisal experience. (c)An applicant for a state real estate appraiser license must provide evidence satisfactory to the Board [ board] that the applicant possesses at least 2,000 hours of real estate appraisal experience [which was acquired] over a minimum of twelve months. (d)Experience by endorsement: An applicant [for certification] who is currently licensed and in good standing in a state that has not been disapproved by the ASC [Appraisal Subcommittee] is deemed to satisfy the experience requirements for the same level of license [certification] in Texas. The applicant must [shall] provide appropriate documentation as required by the Board [board ]. (e)The Board awards experience credit [Experience credit shall be awarded by the board] in accordance with current criteria established by the AQB [Appraiser Qualifications Board] and in accordance with the provisions of the Act specifically relating to experience requirements. An hour of experience means 60 minutes expended in one or more of the acceptable appraisal experience areas. Calculation of the hours of experience is [must be] based solely on actual hours of experience. Any one or any combination of the following categories may be acceptable for satisfying the applicable experience requirement. Experience credit may be awarded for: (1)Fee or staff appraisal when it is performed in accordance with Standards 1 and 2 and other provisions of the USPAP in effect at the time of the appraisal. (2)Ad valorem tax appraisal that [which]: (A)conforms to USPAP Standard 6; and (B)demonstrates proficiency in appraisal principles, techniques, or skills used by appraisers practicing under USPAP Standard 1. (3)Condemnation appraisal. (4)Technical review appraisal to the extent that it demonstrates proficiency in appraisal principles, techniques, or skills used by appraisers practicing under USPAP Standard 1. (5)Appraisal analysis. A market analysis typically performed by a real estate broker or salesperson [salesman ] may be awarded experience credit when the analysis is prepared in conformity with USPAP Standards 1 and 2. (6)Real property appraisal consulting services, including market analysis, cash flow and/or investment analysis, highest and best use analysis, and feasibility analysis when it demonstrates proficiency in appraisal principles, techniques, or skills used by appraisers practicing under USPAP Standard 1 and performed in accordance with USPAP Standards 4 and 5. (f)[(7)] Experience credit may not be awarded for teaching appraisal courses. (g)[(f)] Experience claimed by an applicant must be submitted on an Appraisal Experience Log with an accompanying Appraisal Experience Affidavit. [forms prescribed by the board.] [(1)Experience claimed by an applicant shall be submitted upon an Appraisal Experience Log with an accompanying Appraisal Experience Affidavit.] (1)[(2)] In exceptional situations, the Board [board], at its discretion, may accept other evidence of experience claimed by the applicant. (2)[(3)] If [a consumer complaint or peer complaint is brought against the applicant alleging fraud, incompetence, or malpractice and the board finds the complaint is reasonable or if] the Board [board] determines [other] just cause exists for requiring further information, the Board [board] may obtain [the ] additional information [or documentation requested] by: (A)requiring the applicant to complete a form, approved [prescribed] by the Board [board], that includes detailed listings of appraisal experience showing, for each appraisal claimed by the applicant, the city or county where the appraisal was performed, the type and description of the building or property appraised, the approaches to value utilized in the appraisal, the actual number of hours expended on the appraisal, name of client, and other information determined to be appropriate by the Board [ board]; or (B)engaging in other investigative research determined to be appropriate by the Board [board]. (3)[(4)] The Board will [ board shall] require verification of acceptable experience of all applicants [for all appraiser credentials]. Applicants have 60 days to provide all documentation requested by the Board [ board]. The verification may be obtained by: (A)requiring the applicant to complete a form, approved [prescribed] by the Board [board], that includes detailed listings of appraisal experience showing, for each appraisal claimed by the applicant, the city or county where the appraisal was performed, the type and description of the building or property appraised, the approaches to value utilized in the appraisal, the actual number of hours expended on the appraisal, name of client, and other information determined to be appropriate by the Board [ board]; (B)requesting copies of appraisals and all supporting documentation, including the workfiles; and (C)engaging in other investigative research determined to be appropriate by the Board [board]. (4)[(5)] Failure to comply with a request for verification of experience, or submission of experience that is found not to comply with the requirements for experience credit, is a violation of these rules and may result in denial of a license application [certification or licensure], and any disciplinary action up to and including revocation. (h)[(g)] An applicant may be granted experience credit only for real property appraisals that [ which]: (1)comply with the USPAP edition in effect at the time of the appraisal; (2)are verifiable and supported by workfiles in which the applicant is identified as participating in the appraisal process; (3)were performed when the applicant had legal authority; and (4)comply with the acceptable categories of experience as per the AQB experience criteria and stated in subsection (e) of this section.
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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