(a)An applicant for general real estate appraiser certification must provide evidence satisfactory to the board that the applicant possesses the equivalent of 3,000 hours of real estate appraisal experience over a minimum of 30 months. At least 1,500 hours of experience must be in non-residential real estate appraisal work. Hours may be treated as cumulative in order to achieve the necessary hours of appraisal experience. (b)An applicant for residential real estate appraiser certification must provide evidence satisfactory to the board that the applicant possesses the equivalent of 2,500 hours of real estate appraisal experience over a minimum of 24 months. Hours may be treated as cumulative in order to achieve the necessary hours of appraisal experience. (c)An applicant for a state real estate appraiser license must provide evidence satisfactory to the board that the applicant possesses at least 2,000 hours of real estate appraisal experience. (d)Experience credit shall be awarded by the board in accordance with current criteria established by the Appraiser Qualifications Board and in accordance with the provisions of the Act specifically relating to experience requirements. Experience as a real estate lending officer of a financial institution or as a real estate broker is acceptable experience if the experience includes the actual performance or professional review of real estate appraisals. An hour of experience means 60 minutes expended in one or more of the acceptable appraisal experience areas. Calculation of the hours of experience must be based solely on actual hours of experience. Any one or any combination of the following categories may be acceptable for the completion of 1,000 hours of credit each year. (1)Experience credit may be awarded for a fee or staff appraisal when it is performed in accordance with the provisions of the Uniform Standards of Professional Practice (USPAP) in effect at the time of the appraisal. (2)Experience credit may be awarded for an ad valorem tax appraisal which: (A)uses techniques to value properties similar to those used by appraisers; and (B)effectively uses the appraisal process. The components of the mass appraisal process which may be awarded experience credit are the highest and best use analysis, model specification (developing the model), and model calibration (developing adjustments to the model). Other components of the mass appraisal process, by themselves, are not eligible for experience credit. Mass appraisals must be performed in accordance with Standards Rule 6 of USPAP. (3)Experience credit may be awarded for a review appraisal when the appraiser performs review(s) of appraisals prepared by either employees, associates or others, provided the appraisal report was not signed by the review appraiser. Review appraisal credit shall not be awarded when the report is signed as a review appraiser as this should appropriately be considered as appraisal experience. Review appraisals must be performed in accordance with Standards Rule 3 of USPAP. (4)Experience credit may be awarded for appraisal analysis. A market analysis typically performed by a real estate broker or salesman may be awarded experience credit when the analysis is prepared in conformity with Standards Rules 1 and 2 of USPAP, and the individual can demonstrate that he or she is using similar techniques as appraisers to value properties and is effectively utilizing the appraisal process. (5)Experience credit may be granted for real estate counseling (consulting) when it is appraisal related and performed in accordance with Standards Rules 4 and 5 of USPAP. (6)Experience credit may be granted for highest and best use analysis. (7)Experience credit may be awarded for a feasibility analysis or feasibility study when it is performed in accordance with Standards Rules 4 and 5 of USPAP. (8)Experience credit may not be awarded for teaching appraisal courses [provided that an applicant may not receive more than 500 hours for teaching appraisal courses each year. Actual classroom time may be claimed, e.g. a three semester credit course equates to 45 hours of appraisal teaching experience; a 15 classroom hour course equates to 15 hours of teaching experience. Documentation shall be required.] (e)Experience claimed by an applicant must be submitted on forms promulgated by the board. (1)Experience claimed by an applicant shall be submitted upon an Appraisal Experience Affidavit[, TALCB Form 2.2 or its successor]. (2)In exceptional situations, the board, at its discretion, may accept other evidence of experience claimed by the applicant. (3)If a consumer complaint or peer complaint is brought against the applicant alleging fraud, incompetency, or malpractice and the board finds the complaint is reasonable or if the board determines other just cause exists for requiring further information, the board may obtain the additional information or documentation requested by: (A)requiring the applicant to complete a form, prescribed by the board, that includes detailed listings of appraisal experience showing, for each appraisal claimed by the applicant, the city or county where the appraisal was performed, the type and description of the building or property appraised, the approaches to value utilized in the appraisal, the actual number of hours expended on the appraisal, name of client, and other information determined to be appropriate by the board; or (B)engaging in other investigative research determined to be appropriate by the board. (4)The board shall require verification of acceptable experience of no more than 5.0% of the applications selected by random sampling. The sampling shall be applied when a minimum of twenty approved applications are received. The verification may be obtained by: (A)requiring the applicant to complete a form, prescribed by the board, that includes detailed listings of appraisal experience showing, for each appraisal claimed by the applicant, the city or county where the appraisal was performed, the type and description of the building or property appraised, the approaches to value utilized in the appraisal, the actual number of hours expended on the appraisal, name of client, and other information determined to be appropriate by the board; (B)engaging in other investigative research determined to be appropriate by the board; and (C)allowing a minimum of 60 days after the date of selection for the applicant to prepare any records. (5)Failure to comply with a request for verification of experience is a violation of these rules and may result in denial of certification or licensure, and any disciplinary action up to and including revocation. (f)An applicant may be granted experience credit only for appraisals which: (1)comply with the Uniform Standards of Professional Appraisal Practice (USPAP) in effect at the time of the appraisal; (2)are verifiable and supported by written reports or file memoranda; [and] (3)were performed by the applicant at a time when the applicant had legal authority to perform real property appraisals; and [ .] (4)comply with the acceptable categories of experience as per the AQB experience criteria and stated in subsection (d) of this section.
This agency hereby certifies that the proposal has
been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on December 11, 2000
TRD-200008616 Renil C. Linér
Commissioner
Texas Appraiser Licensing and Certification Board
Earliest possible date of adoption: January 21, 2001
For further information, please call: (512) 465-3950
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