(a)An applicant for a certified general real estate
appraiser license 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 a certified residential real estate
appraiser license 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
over a minimum of twelve months.
(d)Experience by endorsement: An applicant who is
currently licensed and in good standing in a state that has not been
disapproved by the ASC is deemed to satisfy the experience requirements
for the same level of license in Texas. The applicant must provide
appropriate documentation as required by the Board.
(e)The Board awards experience credit in accordance
with current criteria established by the AQB and in accordance with
the provisions of the Act specifically relating to experience requirements.
An hour of experience means 60 minutes expended in one or more of
the acceptable appraisal experience areas. Calculation of the hours
of experience is based solely on actual hours of experience. Hours
may be treated as cumulative in order to achieve the necessary hours
of appraisal experience. Any one or any combination of the following
categories may be acceptable for satisfying the applicable experience
requirement. Experience credit may be awarded for:
(1)An [Fee or staff] appraisal
or appraisal analysis when [it is] performed in accordance
with Standards 1 and 2 and other provisions of the USPAP edition in
effect at the time of the appraisal or appraisal analysis.
(2)Mass appraisal, including ad [Ad]
valorem tax appraisal that:
(A)conforms to USPAP Standard 6; and
(B)demonstrates proficiency in appraisal principles,
techniques, or skills used by appraisers practicing under USPAP Standard
1.
[(3)Condemnation appraisal.]
(3)[(4)] Appraisal [
Technical] review [appraisal to the extent] that: [
it]
(A)conforms to USPAP Standard 3;
and
(B)demonstrates proficiency in appraisal
principles, techniques, or skills used by appraisers practicing under
USPAP Standard 1.
[(5)Appraisal analysis. A market
analysis typically performed by a real estate broker or salesperson
may be awarded experience credit when the analysis is prepared in
conformity with USPAP Standards 1 and 2.]
(4)[(6)] Appraisal [
Real property appraisal] consulting services, including market
analysis, cash flow and/or investment analysis, highest and best use
analysis, and feasibility analysis when it demonstrates proficiency
in appraisal principles, techniques, or skills used by appraisers
practicing under USPAP Standard 1 and performed in accordance with
USPAP Standards 4 and 5.
(f)Experience credit may not be awarded for teaching
appraisal courses.
(g)Recency of Experience.
(1)The Appraisal Experience Log submitted by an applicant
must include a minimum of 10 appraisal reports representing at least
10 percent of the hours and property type of experience required for
each license category and for which an applicant seeks experience
credit that have been performed within 5 years before the date an
application is accepted for filing by the Board.
(2)This requirement does not eliminate an applicant's
responsibility to comply with the 5-year records retention requirement
in USPAP.
(h)Experience credit for first-time
applicants. Each applicant must submit a Board-approved Appraisal
Experience Log and Appraisal Experience Affidavit listing each appraisal
assignment or other work for which the applicant is seeking experience
credit. The Board may grant experience credit for work listed on an
applicant's Appraisal Experience Log that:
(1)complies with the USPAP edition in effect at the
time of the appraisal;
(2)is verifiable and supported by:
(A)work files in which the applicant is identified
as participating in the appraisal process; or
(B)appraisal reports that:
(i)name the applicant in the certification as providing
significant real property appraisal assistance; or
(ii)the applicant has signed;
(3)was performed when the applicant had legal authority
to do so; and
(4)complies with the acceptable categories of experience
established by the AQB and stated in subsection (e) of this section.
(i)Experience credit for current
licensed residential or certified residential license holders who
seek to upgrade their license.
(1)Applicants who currently hold a licensed residential
or certified residential appraiser license issued by the Board and
want to upgrade this license must:
(A)submit an application on a Board-approved form;
(B)submit a Board-approved Appraisal Experience Log
and Appraisal Experience Affidavit listing each appraisal assignment
or other work for which the applicant is seeking experience credit
for the full amount of experience hours required for the license sought;
(C)pay the appropriate application fee; and
(D)satisfy any other requirement for the license sought,
including but not limited to:
(i)the incremental number of experience hours required;
(ii)the hours of experience required for each property
type;
(iii)the minimum length of time over which the experience
is claimed; and
(iv)the recency requirement in this section.
(2)Review of experience logs.
(A)An applicant who seeks to upgrade a current license
issued by the Board must produce experience logs to document 100 percent
of the experience hours required for the license sought.
(B)Upon review of an applicant's experience logs,
the Board may, at its sole discretion, grant experience credit for
the hours shown on the applicant's logs even if some work files have
been destroyed because the 5-year records retention period in USPAP
has passed.
(j)The Board may, at its sole discretion,
accept evidence other than an applicant's Appraisal Experience Log
and Appraisal Experience Affidavit to demonstrate experience claimed
by an applicant.
(k)The Board must verify the experience
claimed by each applicant generally complies with USPAP.
(1)Verification may be obtained by:
(A)requesting copies of appraisals and all supporting
documentation, including the work files; and
(B)engaging in other investigative research determined
to be appropriate by the Board.
(2)If the Board requests documentation from an applicant
to verify experience claimed by an applicant, the applicant has 60
days to provide the requested documentation to the Board.
(3)Failure to comply with a request for documentation
to verify experience, or submission of experience that is found not
to comply with the requirements for experience credit, is a violation
of these rules and may result in denial of a license application,
and any disciplinary action up to and including revocation.
[(g)Experience claimed by an applicant
must be submitted on an Appraisal Experience Log with an accompanying
Appraisal Experience Affidavit.]
[(1)In exceptional situations, the Board, at its discretion,
may accept other evidence of experience claimed by the applicant.]
[(2)If the Board determines just cause exists for
requiring further information, the Board may obtain additional information
by:]
[(A)requiring the applicant to complete a form, approved
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.]
[(3)The Board will require verification of acceptable
experience of all applicants. Applicants have 60 days to provide all
documentation requested by the Board. The verification may be obtained
by:]
[(A)requiring the applicant to complete a form, approved
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)requesting copies of appraisals and all supporting
documentation, including the workfiles; and]
[(C)engaging in other investigative research determined
to be appropriate by the Board.]
[(4)Failure to comply with a request for verification
of experience, or submission of experience that is found not to comply
with the requirements for experience credit, is a violation of these
rules and may result in denial of a license application, and any disciplinary
action up to and including revocation.]
[(h)An applicant may be granted experience
credit only for real property appraisals that:]
[(1)comply with the USPAP edition in effect at the
time of the appraisal;]
[(2)are verifiable and supported by workfiles in which
the applicant is identified as participating in the appraisal process;]
[(3)were performed when the applicant had legal authority;
and]
[(4)comply with the acceptable categories of experience
as per the AQB experience criteria and stated in subsection (e) of
this section.]
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 23, 2016
TRD-201604339 Kristen Worman
General Counsel
Texas Appraiser Licensing and Certification Board
Earliest possible date of adoption: October 9, 2016
For further information, please call: (512) 936-3652
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