(a)Applicants for a license must meet all experience
requirements established by the AQB. [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].
[(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.]
[(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.]
(b)[(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 appraisal or appraisal analysis when 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 valorem tax appraisal
that:
(A)conforms to USPAP Standards 5 and [Standard
] 6; and
(B)demonstrates proficiency in appraisal principles,
techniques, or skills used by appraisers practicing under USPAP Standard
1.
(3)Appraisal review that:
(A)conforms to USPAP Standards 3 and 4 [Standard
3]; and
(B)demonstrates proficiency in appraisal principles,
techniques, or skills used by appraisers practicing under USPAP Standard
1.
(4)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 Standards 1 and 2 and using appropriate
methods and techniques applicable to appraisal consulting [Standard
1 and performed in accordance with USPAP Standards 4 and 5].
(c)[(f)] Experience credit may
not be awarded for teaching appraisal courses.
(d)[(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.
(e)[(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 (b) [(e)]
of this section.
(f)[(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 required [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.
(g)[(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.
(h)[(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.
The agency certifies that legal counsel
has reviewed the emergency adoption 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-201801859 Kristen Worman
General Counsel
Texas Appraiser Licensing and Certification Board
Effective date: May 1, 2018
Expiration date: August 29, 2018
For further information, please call: (512) 936-3652
|