(a)A person desiring to be an appraiser trainee [under the sponsorship of one or more state certified appraisers] may apply to the Board [board] on the approved application form for trainee authorization. In addition to the requirements set forth in §1103.353 of the Act, a prospective appraiser trainee must: (1)complete 75 creditable classroom hours as set forth in the Trainee Core Curriculum of the AQB [Appraiser Qualifications Board]; (2)pass the 15-hour [15 hours] National USPAP course and examination; and (3)beginning January 1, 2015, complete a Board approved Appraiser Trainee/Sponsor course. (b)Once a person is licensed [approved] as an appraiser trainee by the Board [board], the person may perform appraisals or appraiser services only under the active, personal and diligent direction and supervision of a sponsoring [certified] appraiser. The trainee's authorization to perform appraisals or appraisal services terminates if: (1)the appraiser trainee license [approval ] expires due to nonpayment of the renewal fee or failure to satisfy the educational or experience requirements for renewal; or (2)the appraiser trainee's authority to act has been suspended or revoked by the Board [board]. (c)The sponsoring [certified] appraiser shall immediately notify the Board [board] and the trainee in writing of any termination of sponsorship of an appraiser trainee, on a form approved by the Board [board] and shall pay a fee set by the Board [board] not later than the 10th day after the date of such termination. (d)If an appraiser trainee's license [approval ] has expired or been revoked by the Board [board] or the appraiser trainee is no longer under the sponsorship of a sponsoring [certified] appraiser, the appraiser trainee may not perform the duties of an appraiser trainee until an application to sponsor the trainee has been filed together with payment of the appropriate fee and approved by the Board [board ]. (e)Sponsoring appraisers are [Certified appraisers who sponsor appraiser trainees or who sign a report shall be] responsible to the public and to the Board [board ] for the conduct of the appraiser trainee under the Act. After notice and hearing, the Board [board] may reprimand a sponsoring appraiser [or supervisor] or may suspend or revoke a sponsoring appraiser's or supervisor's license [ certification] based on conduct by the appraiser trainee constituting a violation of the Act or a rule of the Board [board]. (f)A sponsor [certified appraiser] may be added [as a sponsor] during the term of an appraiser trainee's license [authorization], by completing a form approved by the Board [board], paying a fee set by the Board [board], and beginning January 1, 2015, completing a Board approved Appraiser Trainee/Sponsor course [and shall assume all the duties, responsibilities, and obligations of an appraiser trainee sponsor as specified in these rules]. (g)The sponsoring [certified] appraiser assumes all the duties, responsibilities, and obligations of a sponsor as specified in these rules and [and any authorized supervisors] must diligently supervise the appraiser trainee. Diligent supervision includes, but is not limited to, the following: (1)direct supervision and training as necessary; (2)ongoing training and supervision as necessary after the sponsor determines that the appraiser trainee no longer requires direct supervision; (3)communication with and accessibility to the appraiser trainee; and (4)review and quality control of the appraiser trainee's work. (h)A licensed [An approved] appraiser trainee who signs an appraisal report must include his or her license [TALCB approval or authorization] number and the word "Trainee[.]" as part of the appraiser trainee's signature in the appraisal report. (i)Sponsoring [Certified] appraisers may sponsor no more than three trainees at one time. Notification of sponsorship of an appraiser trainee must be provided in writing to the Board [board] on a form approved by the Board [board] with payment of the appropriate fee prior to the start [assumption] of sponsorship. [Termination of sponsorship of an appraiser trainee must be provided in writing to the board on a form approved by the board with the appropriate fee prior to the release from sponsorship.] (j)Sponsors [Certified appraisers who sponsor appraiser trainees] must approve and sign the appraiser trainee's appraisal log and experience affidavit at least quarterly and provide appraiser trainees [the trainee] with access to any appraisals and work files completed under the sponsor [or any authorized supervisor designated by the sponsor]. (k)Sponsors [Certified appraisers who sponsor appraiser trainees] must be in good standing and not subject to any disciplinary action within the last three years that affected the sponsor's [legal] eligibility to engage in appraisal practice. Disciplinary action taken against a [ the] sponsor within the last three years that did not affect the sponsor's [legal] eligibility to engage in appraisal practice must be disclosed in writing to the appraiser trainee prior to sponsorship. (l)To obtain Board approval of an Appraiser Trainee/Sponsor course, a course provider must submit form ATS-0, Appraiser Trainee/Sponsor Course Approval, adopted herein by reference, [and which is published and available from the Board at P.O. Box 12188, Austin, Texas 78711-2188, www.talcb.texas.gov,] and satisfy the Board that all required content set out in form ATS-0 is adequately covered. Approval of an Appraiser Trainee/Sponsor course shall expire two years from the date of Board approval. An approved Board Appraiser Trainee/Sponsor course may be delivered through classroom or distance education. The delivery mechanism for distance education courses offered by a non-academic provider must be approved by an AQB-approved organization providing approval of course design and delivery. (m)Sponsors who complete the Appraiser Trainee/Sponsor course may receive ACE [continuing education] credit for the course. (n)Appraiser Trainees may not receive qualifying or ACE credit for completing the Appraiser Trainee/Sponsor course.
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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