(a)The purpose of ACE is to ensure that license holders participate in programs that maintain and increase their skill, knowledge, and competency in real estate appraising. (b)[(a)] To renew a license, a license holder [Certified and licensed appraisers. In order to renew a license or certification, an appraiser] must successfully complete[, during the two-year period preceding the expiration of the certification or license,] the equivalent of at least 28 classroom hours of ACE courses approved by the Board [ board], including the 7-hour National USPAP Update course during the two-year period before a license expires. The courses must comply with the requirements set out in subsection (d) [(c) ] of this section. [(b)Appraiser trainees. In order to renew an approval, a trainee must successfully complete, during the one-year period preceding the expiration of the approval, 14 classroom hours of ACE courses. Every two years, the required hours must include the 7-hour National USPAP Update course.] (c)The Board will [Approval of ACE courses. In approving ACE courses, the board shall] base its review and approval of ACE courses upon the [then current] appraiser qualifications criteria of the AQB [Appraiser Qualifications Board (AQB)]. [(1)The purpose of ACE is to ensure that certified and licensed appraisers participate in programs that maintain and increase their skill, knowledge, and competency in real estate appraising.] (d)[(2)] The following types of courses may be accepted for ACE [educational offerings that may be accepted for meeting the ACE requirements are listed in subparagraphs (A) - (H) of this paragraph]: (1)[(A)] A course that meets the requirements for [certification or] licensing also may be accepted for [meeting] ACE if [provided ]: (A)[(i)] The course is devoted to one or more of the appraisal related topics of the [then current] appraiser qualifications criteria of the AQB [Appraiser Qualifications Board (AQB)] for continuing education; (B)[(ii)] the course was not repeated within a three year period; and (C)[(iii)] the course [ educational offering] is at least two hours in length. (2)[(B)] The Board will [ board shall] accept as ACE [continuing education] any continuing education course [offering] that has been approved by the AQB course approval process or by another state appraiser licensing and certification board. [Course providers may obtain prior approval of continuing education offerings by filing forms prescribed by the board and submitting a letter indicating that the course has been approved by the AQB under its course approval process or by another state appraiser licensing and certification board. Approval of a course based on AQB approval shall expire on the date of expiration of the AQB approval and shall be automatically revoked upon the revocation of AQB approval. Approval of a course based on any other authority shall expire on the earlier of the date of expiration in another state, if applicable, or two years from board approval and shall be automatically revoked upon the revocation of the other state's approval.] (A)Course providers may obtain prior approval of ACE courses by filing forms approved by the Board and submitting a letter indicating that the course has been approved by the AQB under its course approval process or by another state appraiser licensing and certification board. (B)Approval of a course based on AQB approval expires on the date the AQB approval expires and is automatically revoked upon revocation of the AQB approval. (C)Approval of a course based on another state licensing and certification board shall expire on the earlier of the expiration date in the other state, if applicable, or two years from Board approval and is automatically revoked upon revocation of the other state board's approval. (3)Distance education courses may be accepted as ACE if: (A)The course is: (i)Approved by the Board; (ii)Presented by an accredited college or university that offers distance education programs in other disciplines; or (iii)Approved by the AQB under its course approval process; and (B)The student successfully completes a written examination proctored by an official approved by the presenting college, university, or sponsoring organization consistent with the requirements of the course accreditation; and (C)A minimum number of hours equal to the hours of course credit have elapsed between the time of course enrollment and completion. [(C)Distance education courses, provided that the course is approved by the board and the course either has been presented by an accredited college or university that offers distance education programs in other disciplines, or has been approved by the Appraiser Qualifications Board under its course approval process and the student successfully completed a written examination proctored by an official approved by the presenting college or university or by the sponsoring organization consistent with the requirements of the course accreditation. A minimum number of hours equal to the number of hours of credit must elapse from course enrollment until completion.] [(D)"In-house" education and training may not be counted toward ACE requirements.] (e)[(E)] To satisfy the USPAP ACE requirement, a course must: (1)[(i)] be the 7-hour National USPAP Update Course or its equivalent, as determined by the AQB; (2)[(ii)] use the current edition of the USPAP [promulgated by the Appraisal Standards Board of the Appraisal Foundation]; (3)[(iii)] provide each student with his or her own permanent copy of the current USPAP [promulgated by the Appraisal Standards Board of the Appraisal Foundation]; and (4)[(iv)] be taught by at least one instructor who is an AQB-certified USPAP instructor and also licensed as a certified general or certified residential appraiser. (f)[(F)] Providers of USPAP ACE courses may include up to one additional hour of supplemental Texas specific information. This may include topics such [ such topics] as the [TALCB] Act, Board [ TALCB] Rules, processes and procedures, enforcement issues, or other topics deemed [to be] appropriate by the Board [ board]. (g)[(G)] Up to one half of a license holder's ACE requirements [an individual's continuing education requirement] may be satisfied through participation other than as a student, in real estate appraisal educational processes and programs. Examples of activities for which credit may be granted are teaching an ACE course, educational program development, authorship of real estate appraisal textbooks, or similar activities that are determined by the Board [board] to be equivalent to obtaining ACE. [Appraisal experience may not be substituted for ACE.] (h)The following types of courses or activities may not be counted toward ACE requirements: (1)Teaching the same ACE course more than once per license renewal cycle; (2)"In house" education or training; or (3)Appraisal experience. (i)[(H)] 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, certificate holders or licensees will [shall] be eligible to teach or guest lecture as part of an approved ACE [appraiser qualifying or continuing education] course. (j)[(d)] If the Board [ board] determines that an ACE [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
|
