Texas Register

TITLE 22 EXAMINING BOARDS
PART 8TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD
CHAPTER 153RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT
RULE §153.11Examinations
ISSUE 05/11/2018
ACTION Proposed
Preamble Texas Admin Code Rule

(a)Administration of Licensing Examinations.

   (1)An examination required for any license issued by the Board will be conducted by the testing service with which the Board has contracted for the administration of examinations.

    (A)The testing service shall schedule and conduct the examinations in the manner required by the contract between the Board and the testing service.

    (B)Examinations shall be administered at locations designated by the exam administrator.

    (C)The testing service administering the examinations is required to provide reasonable accommodations for any applicant with a verifiable disability. Applicants must contact the testing service to arrange an accommodation. The testing service shall determine the method of examination, whether oral or written, based on the particular circumstances of each case.

  (2)[(a)] Each examination shall be consistent with the examination criteria and examination content outline of the AQB for the category of license sought. To become licensed, an applicant must achieve a passing score acceptable to the AQB on the examination.

   (3)Successful completion of the examination is valid for a period of 24 months.

   (4)An applicant who fails the examination three consecutive times may not apply for reexamination or submit a new license application unless the applicant submits evidence satisfactory to the Board that the applicant has completed 30 additional hours of core education after the date the applicant failed the examination for the third time.

(b)Examination Fees.

  (1)[(b)] The examination fee must be paid each time the examination is taken.

   (2)An applicant who is registered for an examination and fails to attend shall forfeit the examination fee.

(c)Exam Admission. [Examinations shall be administered at locations designated by the Board. An applicant who is registered for an examination and fails to attend shall forfeit the examination fee.]

  (1)[(d)] To be admitted to an examination, applicants [Applicants] must present the following documents [to the examination proctor to be admitted to the examination]:

    (A)[(1)] exam registration paperwork as required by the testing service under contract with the Board; and

    (B)[(2)] official photo-bearing personal identification.

   (2)The testing service shall deny entrance to the examination to any person who cannot provide adequate identification.

   (3)The testing service may refuse to admit an applicant who arrives after the time the examination is scheduled to begin or whose conduct or demeanor would be disruptive to other persons taking examinations at the testing location.

(d)Confidentiality of Examination.

  (1)The testing service may confiscate examination materials, dismiss an applicant, and fail the applicant for violating or attempting to violate the confidentiality of the contents of an examination.

  (2)No credit shall be given to applicants who are dismissed from an examination, and dismissal may result in denial of an application.

  (3)The Board, or the testing service under contract with the Board, may file theft charges against any person who removes or attempts to remove an examination or any portion thereof or any written material furnished with the examination whether by actual physical removal or by transcription.

  (4)The Board may deny, suspend, or revoke a license for disclosing to another person the content of any portion of an examination.

[(e)Applicants shall comply with all instructions from the Board, an examination proctor, or the testing service under contract with the Board. Examination proctors may:]

  [(1)refuse admittance to any applicant who cannot provide adequate identification;]

  [(2)refuse admittance to an applicant who reports for the examination after the time the examination is scheduled to begin;]

  [(3)refuse admittance to an applicant or dismiss an applicant from the examination if, in the proctor's opinion, the applicant's conduct or demeanor is a disruptive influence to other applicants;]

  [(4)assign a specific desk or seat to each applicant;]

  [(5)require an applicant to be re-seated during the course of an examination;]

  [(6)confiscate examination materials and dismiss an applicant from the examination for giving, receiving, or attempting to give or receive unauthorized assistance or answers to examination questions.]

[(f)No credit will be given to applicants who are dismissed from an examination, and dismissal may result in denial of an application.]

[(g)Examinees may use slide rules or silent, battery-operated, electronic, hand-held calculators. If a calculator has printout capability, the use of the calculator must be approved by the examination proctor prior to the examination. No other electronic devices are permitted.]

[(h)Special examinations based on verified physical limitations or other good cause as determined by the Board may be arranged for individual applicants. Requests for special examinations will be handled individually and may require medical verification or confirmation.]

[(i)The Board, or the testing service under contract with the Board, may file theft charges against any person who removes or attempts to remove an examination or any portion thereof or any written material furnished with the examination whether by actual physical removal or by transcription.]

[(j)The Board may deny, suspend, or revoke a license for disclosing to another person the content of any portion of an examination.]

[(k)If the applicant has not satisfied all requirements, including passing the examination, within one year from the date the Board accepted an application for filing, the application is terminated and a new application is required.]

[(l)Successful completion of the examination is valid for a period of 24 months.]

[(m)An applicant who fails the examination three consecutive times may not apply for reexamination or submit a new license application unless the applicant submits evidence satisfactory to the Board that the applicant has completed 30 additional hours of core education after the date the applicant failed the examination for the third time.]

[(n)Examination by endorsement: An applicant for a license who has successfully passed an AQB approved competency examination, and is currently licensed in another jurisdiction and in good standing, will not be required to retake the examination for the same level of licensure to become licensed in Texas. The applicant shall provide appropriate documentation as required.]

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 April 24, 2018

TRD-201801867

Kristen Worman

General Counsel

Texas Appraiser Licensing and Certification Board

Earliest possible date of adoption: June 10, 2018

For further information, please call: (512) 936-3652



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