(a) - (c)(No change.)
(d)Maintaining eligibility to act as an appraiser
trainee.
(1)Appraiser trainees must maintain an appraisal log
and appraisal experience certifications [affidavits]
on forms approved by the Board, for the license period being renewed.
It is the responsibility of both the appraiser trainee and the supervisory
appraiser to ensure the appraisal log is accurate, complete and signed
by both parties at least quarterly or upon change in supervisory appraiser.
The appraiser trainee will promptly provide copies of the experience
logs and certifications [affidavits] to the
Board upon request.
(2)An appraiser trainee must complete an approved
Appraiser Trainee/Supervisory Appraiser course within four years before
the expiration date of the appraiser trainee's current license and
provide proof of completion to the Board.
(3)If an appraiser trainee has not provided proof
of course completion at the time of renewal, but has met all other
requirements for renewing the license:
(A)the Board will renew the appraiser trainee's license
on inactive status;
(B)the appraiser trainee will no longer be eligible
to perform appraisals or appraisal services; and
(C)the appraiser trainee's relationship with any supervisory
appraiser will be terminated.
(4)An appraiser trainee may return the appraiser trainee's
license to active status by:
(A)completing the course required by this section;
(B)submitting proof of course completion to the Board;
(C)submitting an application to return to active status,
including an application to add a supervisory appraiser; and
(D)paying any required fees.
(e)Duties of the supervisory appraiser.
(1)Supervisory appraisers are responsible to the public
and to the Board for the conduct of the appraiser trainee under the
Act.
(2)The supervisory appraiser assumes all the duties,
responsibilities, and obligations of a supervisory appraiser as specified
in these rules and must diligently supervise the appraiser trainee.
Diligent supervision includes, but is not limited to, the following:
(A)direct supervision and training as necessary;
(B)ongoing training and supervision as necessary after
the supervisory appraiser determines that the appraiser trainee no
longer requires direct supervision;
(C)communication with and accessibility to the appraiser
trainee; and
(D)review and quality control of the appraiser trainee's
work.
(3)Supervisory appraisers must approve and sign the
appraiser trainee's appraisal log [and experience affidavit]
at least quarterly and provide appraiser trainees with access to any
appraisals and work files completed under the supervisory appraiser.
(4)After notice and hearing, the Board may reprimand
a supervisory appraiser or may suspend or revoke a supervisory appraiser's
license based on conduct by the appraiser trainee constituting a violation
of the Act or Board rules.
(f)Termination of supervision.
(1)Supervision may be terminated by the supervisory
appraiser or the appraiser trainee.
(2)If supervision is terminated, the terminating party
must:
(A)immediately notify the Board on a form approved
by the Board; and
(B)notify the non-terminating party in writing no
later than the 10th day after the date of termination; and
(C)pay any applicable fees no later than the 10th
day after the date of termination.
(3)If an appraiser trainee is no longer under the
supervision of a supervisory appraiser:
(A)the appraiser trainee may no longer perform the
duties of an appraiser trainee; and
(B)is not eligible to perform those duties until:
(i)an application to supervise the trainee has been
filed;
(ii)any required fees have been paid; and
(iii)the Board has approved the application.
(g)Course approval.
(1)To obtain Board approval of an Appraiser Trainee/Supervisory
Appraiser course, a course provider must:
(A)submit form ATS-0, Appraiser Trainee/Supervisory
Appraiser Course Approval, adopted herein by reference; and
(B)satisfy the Board that all required content set
out in form ATS-0 is adequately covered.
(2)Approval of an Appraiser Trainee/Supervisory Appraiser
course shall expire two years from the date of Board approval.
(3)An Appraiser Trainee/Supervisory Appraiser course
may be delivered through:
(A)classroom delivery; or
(B)synchronous, asynchronous or hybrid distance education
delivery. The course design and delivery mechanism for asynchronous
distance education courses, including the asynchronous portion of
hybrid courses must be approved by an AQB approved organization.
(h)ACE credit.
(1)Supervisory appraisers who complete the Appraiser
Trainee/Supervisory Appraiser course may receive ACE credit for the
course.
(2)Appraiser Trainees may not receive qualifying or
ACE credit for completing the Appraiser Trainee/Supervisory Appraiser
course.
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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