(a) - (c)(No change.)
(d)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 certification [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) of this section 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
Certification [Affidavit]. The Experience Log
must include:
[(1)The Experience Log must include:]
(1)[(A)] the full amount of
experience hours required for the license type sought, as required
by the AQB;
(2)[(B)] the required number
of hours of experience required for each property type as required
by the AQB; and
(3)[(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)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.
(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) of this section
that submit a valid certificate of completion from an AQB approved
PAREA program.
(j)The Board may, at its sole discretion, accept evidence
other than an applicant's Appraisal Experience Log and Appraisal Experience
Certification [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.
(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)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 August 21, 2023
TRD-202303061 Kathleen Santos
General Counsel
Texas Appraiser Licensing and Certification Board
Earliest possible date of adoption: October 1, 2023
For further information, please call: (512) 936-3652
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