(a)A person desiring to be licensed as an appraiser,
appraiser trainee, or temporary out-of-state appraiser shall file
an application using forms prescribed by the Board or the Board's
online application system, if available. The Board may decline to
accept for filing an application that is materially incomplete or
that is not accompanied by the appropriate fee. Except as provided
by the Act, the Board may not grant a license to an applicant who
has not:
(1)paid the required fees;
(2)satisfied any experience and education requirements
established by the Act, Board rules, or the AQB;
(3)successfully completed any qualifying examination
prescribed by the Board;
(4)provided all supporting documentation or information
requested by the Board in connection with the application;
(5)satisfied all unresolved enforcement matters and
requirements with the Board; and
(6)met any additional or superseding requirements
established by the Appraisal Qualifications Board.
(b)An application may be considered void and subject
to no further evaluation or processing if an applicant fails to provide
information or documentation within 60 days after the Board makes
a written request for the information or documentation.
(c)A license is valid for the term for which it is
issued by the Board unless suspended or revoked for cause and unless
revoked, may be renewed in accordance with the requirements of §153.17
of this title (relating to Renewal or Extension of Certification and
License or Renewal of Trainee Approval).
(d)The Board may deny a license to an applicant who
fails to satisfy the Board as to the applicant's honesty, trustworthiness,
and integrity.
(e)The Board may deny a license to an applicant who
submits incomplete, false, or misleading information on the application
or supporting documentation.
(f)When an application is denied by the Board, no
subsequent application will be accepted within two years [
one year] after the date of the Board's notice of denial [
denying the application] as required in §157.7 of this
title [(relating to Denial of a License)].
(g)This subsection applies to an applicant who is a
military service member, a military veteran, or the spouse of
a person serving on active duty as a member of the armed forces of
the United States.
(1)The Board shall waive the license
application and examination fees for an applicant who is:
(A)a military service member or military veteran whose
military service, training, or education substantially meets all of
the requirements for the license; or
(B)a military service member, military veteran, or
military spouse who holds a current license issued by another jurisdiction
that has licensing requirements that are substantially equivalent
to the requirements for the license in this state.
(2)[(1)] The Board shall issue
on an expedited basis a license to an applicant who holds a current
license issued by another state or jurisdiction that has licensing
requirements that are substantially equivalent to the requirements
for the license issued in this state.
(3) [(2)] The Board may issue
a license to an applicant who within the five years preceding the
application date, held the license in this state [that
expired while the applicant lived in a country, territory, or state
other than Texas for at least six months].
(4)[(3)] The Board may allow
an applicant to demonstrate competency by alternative methods in order
to meet the requirements for obtaining a particular license issued
by the Board. For purposes of this subsection, the standard method
of demonstrating competency is the specific examination, education,
and/or experience required to obtain a particular license.
(5)[(4)] In lieu of the standard
method(s) of demonstrating competency for a particular license and
based on the applicant's circumstances, the alternative methods for
demonstrating competency may include any combination of the following
as determined by the Board:
(A)education;
(B)continuing education;
(C)examinations (written and/or practical);
(D)letters of good standing;
(E)letters of recommendation;
(F)work experience; or
(G)other methods required by the commissioner.
(h)This subsection applies to an applicant who is
serving on active duty or is a veteran of the armed forces of the
United States.
(1)The Board will credit any verifiable military service,
training or education obtained by an applicant that is relevant to
a license toward the requirements of a license.
(2)This subsection does not apply to an applicant
who holds a restricted license issued by another jurisdiction.
(3)The applicant must pass the qualifying examination,
if any, for the type of license sought.
(4)The Board will evaluate applications filed by an
applicant who is serving on active duty or is a veteran of the armed
forces of the United States consistent with the criteria adopted by
the AQB and any exceptions to those criteria as authorized by the
AQB.
(i)A person applying for license under subsection
(g) or (h) of this section must also:
(1)submit the Board's approved application form for
the type of license sought;
(2)submit the appropriate fee for that application;
and
(3)submit the supplemental form approved by the Board
applicable to subsection (g) or (h) of this section.
(j)The commissioner may waive any prerequisite
to obtaining a license for an applicant as allowed by the AQB [
issue a license under subsection (c) or (d) by endorsement in the
same manner as the Texas Department of Licensing and Regulation to
an applicant under this subsection].
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 August 18, 2015
TRD-201503191 Kristen Worman
General Counsel
Texas Appraiser Licensing and Certification Board
Earliest possible date of adoption: October 4, 2015
For further information, please call: (512) 936-3652
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