(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 a [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.
(5)"Practical Applications of Real
Estate Appraisal" (PAREA) programs approved by the AQB.
(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.]
(d)[(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.
(e)Applicants claiming experience
credit under subsection (b)(1) - (4) must submit a Board-approved
Appraisal Experience Log that lists each appraisal assignment or other
work for which the applicant is seeking credit and an Appraisal Experience
Affidavit.
(1)The Experience Log must include:
(A)the full amount of experience hours required for
the license type sought, as required by the AQB;
(B)the required number of hours of experience required
for each property type as required by the AQB; and
(C)the minimum length of time over which the experience
is claimed, as required by the AQB.
(2)The Experience Log must also include Recent Experience.
(A)The Log 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.
(B)This requirement does not eliminate an applicant's
responsibility to comply with the 5-year records retention requirement
in USPAP.
(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)Consistent with this chapter,
upon review of the applicant's real estate appraisal experience, the
Board may grant a license or certification contingent upon completion
of additional education, experience or mentorship.
[(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)Upon review of an applicant's
Appraisal Experience Log, the Board may, at its sole discretion, grant
experience credit for the hours shown on an applicant's log even if
some work files have been destroyed because of the 5-year records
retention period in USPAP has passed.
(i)The Board may grant experience
credit for applicants claiming experience credit under subsection
(b)(5) that submit a valid certificate of completion from an AQB approved
PAREA program.
(j)[(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.
(k)[(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.
(l)[(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 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 May 6, 2022
TRD-202201807 Kathleen Santos
General Counsel
Texas Appraiser Licensing and Certification Board
Earliest possible date of adoption: June 19, 2022
For further information, please call: (512) 936-3652
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