(a)Supervision of appraiser trainees required. [
A person desiring to be an appraiser trainee may apply to the 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;]
[(2)pass the 15-hour National USPAP
course and examination; and]
[(3)complete a Board approved Appraiser
Trainee/Sponsor course.]
(1) [(b)] An [Once
a person is licensed as an] appraiser trainee [by the Board,
the person] may perform appraisals or appraiser services only
under the active, personal and diligent direction and supervision
of a supervisory [sponsoring] appraiser. [The
trainee's authorization to perform appraisals or appraisal services
terminates if: ]
[(1)the appraiser trainee license
expires due to nonpayment of the renewal fee or failure to satisfy
the educational or experience requirements for renewal; or]
(2)An appraiser trainee may be supervised by
more than one supervisory appraiser. [the appraiser trainee's
authority to act has been suspended or revoked by the Board.]
(3) Supervisory appraisers may supervise
no more than three appraiser trainees at one time.
(4)A supervisory appraiser may be
added during the term of an appraiser trainee's license if:
(A)The supervisory appraiser and appraiser trainee
have provided proof to the Board of completion of an approved Appraiser
Trainee/Supervisory Appraiser course;
(B)an application to supervise has been received and
approved by the Board; and
(C)the applicable fee has been paid.
(5)A licensed appraiser trainee who
signs an appraisal report must include his or her license number and
the word "Trainee" as part of the appraiser trainee's signature in
the report.
(b)Eligibility requirements for appraiser
trainee supervision.
(1)To be eligible to supervise an appraiser trainee,
a certified appraiser must:
(A)be in good standing and not subject to any disciplinary
action within the last three years that affected the certified appraiser's
eligibility to engage in appraisal practice;
(B)complete an approved Appraiser Trainee/Supervisory
Appraiser course; and
(C)submit proof of course completion to the Board.
(2)Before supervising an appraiser trainee, the supervisory
appraiser must notify the appraiser trainee in writing of any disciplinary
action taken against the supervisory appraiser within the last three
years that did not affect the supervisory appraiser's eligibility
to engage in appraisal practice.
(3)An application to supervise must be received and
approved by the Board before supervision begins.
(c)Maintaining eligibility to supervise appraiser
trainees. [The sponsoring appraiser shall immediately notify
the Board and the trainee in writing of any termination of sponsorship
of an appraiser trainee, on a form approved by the Board and shall
pay a fee set by the Board not later than the 10th day after the date
of such termination.]
(1)A supervisory appraiser who wishes
to continue to supervise appraiser trainees upon renewal of his/her
license must complete an approved Appraiser Trainee/Supervisory Appraiser
course within four years before the expiration date of the supervisory
appraiser's current license and provide proof of completion to the
Board.
(2)If a supervisory appraiser has
not provided proof of course completion at the time of renewal, but
has met all other requirements for renewing the license the supervisory
appraiser will no longer be eligible to supervise appraiser trainees;
and the Board will take the following actions:
(A)the supervisory appraiser's license will be renewed
on active status; and
(B)the license of any appraiser trainees supervised
solely by that supervisory appraiser will be placed on inactive status.
(3)A certified appraiser may restore
eligibility to supervise appraiser trainees by:
(A)completing the course required by this section;
and
(B)submitting proof of course completion to the Board.
(4)The supervisory appraiser's supervision
of previously supervised appraiser trainees may be reinstated by:
(A)submitting the required form to the Board; and
(B)payment of any applicable fees.
(d)Maintaining eligibility to act as an appraiser
trainee. [If an appraiser trainee's license has expired
or been revoked by the Board or the appraiser trainee is no longer
under the sponsorship of a sponsoring 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.]
(1)An appraiser trainee must complete
an approved Appraiser Trainee/Supervisory Appraiser course within
four years before the expiration date of the appraiser trainee's current
license and provide proof of completion to the Board.
(2)If an appraiser trainee has not
provided proof of course completion at the time of renewal, but has
met all other requirements for renewing the license, the Board will
renew the appraiser trainee's license on inactive status, and the
appraiser trainee will no longer be eligible to perform appraisals
or appraisal services.
(3)An appraiser trainee may return
the appraiser trainee's license to active status by:
(A)completing the course required by this section;
(B)submitting proof of course completion to the Board;
(C)submitting an application to return to active status,
including an application to add a supervisory appraiser; and
(D) paying any applicable fees.
(e)Duties of the supervisory appraiser. [
Sponsoring appraisers are responsible to the public and to the Board
for the conduct of the appraiser trainee under the Act. After notice
and hearing, the Board may reprimand a sponsoring appraiser or may
suspend or revoke a sponsoring appraiser's or supervisor's license
based on conduct by the appraiser trainee constituting a violation
of the Act or a rule of the Board.]
(1)Supervisory appraisers are responsible
to the public and to the Board for the conduct of the appraiser trainee
under the Act.
[(f)A sponsor may be added during
the term of an appraiser trainee's license, by completing a form approved
by the Board, paying a fee set by the Board, and completing a Board
approved Appraiser Trainee/Sponsor course.]
(2) [(g)] The supervisory [
sponsoring] appraiser assumes all the duties, responsibilities,
and obligations of a supervisory appraiser [sponsor]
as specified in these rules and must diligently supervise the appraiser
trainee. Diligent supervision includes, but is not limited to, the
following:
(A) [(1)] direct supervision
and training as necessary;
(B)[(2)] ongoing training and
supervision as necessary after the supervisory appraiser [
sponsor] determines that the appraiser trainee no longer requires
direct supervision;
(C) [(3)] communication with
and accessibility to the appraiser trainee; and
(D) [(4)] review and quality
control of the appraiser trainee's work.
[(h)A licensed appraiser trainee
who signs an appraisal report must include his or her license number
and the word "Trainee" as part of the appraiser trainee's signature
in the appraisal report.]
[(i) Sponsoring 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 on
a form approved by the Board with payment of the appropriate fee prior
to the start of sponsorship.]
(3) [(j)] Supervisory appraisers
[Sponsors] must approve and sign the appraiser trainee's
appraisal log and experience affidavit at least quarterly and provide
appraiser trainees with access to any appraisals and work files completed
under the supervisory appraiser [sponsor].
(4)After notice and hearing, the
Board may reprimand a supervisory appraiser or may suspend or revoke
a supervisory appraiser's license based on conduct by the appraiser
trainee constituting a violation of the Act or Board rules.
(g)Termination of supervision.
(1)Supervision may be terminated by the supervisory
appraiser or the appraiser trainee.
(2)If supervision is terminated, the terminating party
must:
(A)immediately notify the Board on a form approved
by the Board; and
(B)notify the non-terminating party in writing no
later than the 10th day after the date of termination; and
(C)pay any applicable fees no later than the 10th
day after the date of termination.
(3)If an appraiser trainee is no longer under the
supervision of a supervisory appraiser:
(A)the appraiser trainee may no longer perform the
duties of an appraiser trainee; and
(B)is not eligible to perform those duties until:
(i)an application to supervise the trainee has been
filed;
(ii)any applicable fees have been paid; and
(iii)the Board has approved the application.
[(k)Sponsors must be in good standing
and not subject to any disciplinary action within the last three years
that affected the sponsor's eligibility to engage in appraisal practice.
Disciplinary action taken against a sponsor within the last three
years that did not affect the sponsor's eligibility to engage in appraisal
practice must be disclosed in writing to the appraiser trainee prior
to sponsorship.]
[(l)Beginning September 1, 2015,
all sponsors and appraiser trainees must provide proof that they have
completed a Board approved Appraiser Trainee/Sponsor course at the
time they renew their license. The course must have been completed
within four years of the expiration date of the current license.]
(h)Course approval.
(1) [(m)] To obtain Board approval
of an Appraiser Trainee/Supervisory Appraiser [Sponsor]
course, a course provider must:
(A)submit form ATS-0, Appraiser Trainee/Supervisory
Appraiser [Sponsor] Course Approval, adopted herein
by reference;[,] and
(B)satisfy the Board that all required
content set out in form ATS-0 is adequately covered.
(2)Approval of an Appraiser Trainee/Supervisory
Appraiser [Sponsor] course shall expire two years
from the date of Board approval.
(3)An [approved Board] Appraiser
Trainee/Supervisory Appraiser [Sponsor] course
may be delivered through:
(A)classroom delivery method; or
(B)distance education delivery method.
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.
(i)ACE credit.
(1) [(n)] Supervisory appraisers
[Sponsors] who complete the Appraiser Trainee/Supervisory
Appraiser [Sponsor] course may receive ACE credit
for the course.
(2) [(o)] Appraiser Trainees
may not receive qualifying or ACE credit for completing the Appraiser
Trainee/ Supervisory Appraiser [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 August 18, 2015
TRD-201503195 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
|
