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 License [ Certification and License or Renewal of Trainee Approval]
ISSUE 05/30/2014
ACTION Proposed
Preamble Texas Admin Code Rule

(a)General Provisions.

  (1)The Board will [board shall] send a renewal notice to the license holder [appraiser] at least 90 days prior to the expiration of the license [ certification, license, or approval]. It is the responsibility of the license holder [appraiser or trainee] to apply for renewal in accordance with this chapter, and failure to receive a renewal notice from the Board [board] does not relieve the license holder [appraiser] of the responsibility to timely apply for renewal.

  (2)A license holder [An appraiser or appraiser trainee] renews the license [certification, license, or approval] by timely filing an [the prescribed] application for renewal, paying the appropriate fees to the Board [board], and satisfying all applicable education and experience requirements.

  (3)An application for [A] renewal or extension received by the Board is timely and acceptable for processing 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.]

     (A)complete;

     (B)accompanied with payment of proper fees; and

     (C)postmarked by the U.S. Postal Service, accepted by an overnight delivery service, or accepted by the Board's online processing system on or before the date of expiration.

(b)Certified General, Certified Residential [ General Certification, Residential Certification,] and State Appraiser License Holders.

  (1)A license holder [certified or licensed appraiser] may renew the [certification or] license by timely filing an [the prescribed] application for renewal, paying the appropriate fees to the Board [ board] and, unless renewing on inactive status, satisfying ACE requirements.

  (2)In order to renew on active status, the license holder [applicant] must complete the ACE report form approved by the Board [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 license holder's [applicant's] electronic license record.

    (A)The Board [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 license 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.]

  (3)[(A)] The Board [ board] may grant, at the time it issues a [certification or] license renewal, an extension of time of up to 60 days after the expiration date [of expiration] of the previous license to complete ACE required to renew a license, subject to the following [general certification, residential certification, state license, or provisional license, provided the person]:

    (A)The license holder must:

      (i)timely submit [submits] the completed renewal form with the appropriate renewal fees;

      (ii)complete [completes] an extension request form; and

      (iii)pay [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)will [shall] not perform appraisals in a federally related transaction [(FRT)] until verification is received by the Board [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 [ 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 approved [prescribed ] by the Board [board], for the license 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 [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 Persons [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:

  (1)[(A)] did not provide appraisal services while [when] on active duty;

  (2)[(B)] provides a copy of official orders or other documentation acceptable to the Board [ board] showing [that] the person was on active duty during the [person's] last renewal period;

  (3)[(C)] applies for the renewal within 90 days after the person's active duty ends; and

  (4)[(D)] pays the renewal application fees in effect when the previous license [or certification] expired.

  (5)[(2)] completes 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 license [ 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 license [certification, license, or approval]. If the application for license [certification, license, or approval] is filed more than six months after the expiration of the previous license [certification, license, or approval], the applicant must meet all then-current requirements for license [certification, license, or approval], including retaking and passing the examination.

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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