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 §153.15Experience Required for Licensing
ISSUE 03/12/2021
ACTION Final/Adopted
Preamble Texas Admin Code Rule

(a)Applicants for a license must meet all experience requirements established by the AQB.

(b)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 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; 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.

(c)Experience credit may not be awarded for teaching appraisal courses.

(d)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)Public Information Act. All information and documentation submitted to the Board in support of an application for license or application to upgrade an existing license, including an applicant's experience log, experience affidavit, copies of appraisals and work files, may be subject to disclosure under the Public Information Act, Chapter 552, Texas Government Code, unless an exception to disclosure applies.

(f)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) of this section.

(g)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 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.

(h)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.

(i)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.

    (A)In response to an initial request for documentation to verify experience, an applicant must submit a copy of the relevant appraisals, but is not required to submit the associated work files at that time.

    (B)If in the course of reviewing the submitted appraisals, the Board determines additional documentation is necessary to verify general compliance with USPAP, the Board may make additional requests for supporting documentation.

  (3)Experience involved in pending litigation.

    (A)The Board will not request work files from an applicant to verify claimed experience if the appraisal assignments are identified on the experience log submitted to the Board as being involved in pending litigation.

    (B)If all appraisal assignments listed on an applicant's experience log are identified as being involved in pending litigation, the Board may audit any of the appraisal assignments on the applicant's experience log, regardless of litigation status, with the written consent of the applicant and the applicant's supervisory appraiser.

  (4)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, may result in denial of a license application.

  (5)A license holder who applies to upgrade an existing license and submits experience that does not comply with USPAP may also be subject to disciplinary action up to and including revocation.

(j)Unless prohibited by Tex. Occ. Code §1103.460, applicable confidentiality statutes, privacy laws, or other legal requirements, or in matters involving alleged fraud, Board staff shall use reasonable means to inform supervisory appraisers of Board communications with their respective trainees.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 26, 2021

TRD-202100820

Kathleen Santos

General Counsel

Texas Appraiser Licensing and Certification Board

Effective date: March 18, 2021

Proposal publication date: November 27, 2020

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



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