(a)A person desiring to be licensed as an appraiser
or appraiser trainee shall file an application using forms prescribed
by the Board or the Board's online application system, if available.
The Board may decline to accept for filing an application that is
materially incomplete or that is not accompanied by the appropriate
fee. Except as provided by the Act, the Board may not grant a license
to an applicant who has not:
(1)paid the required fees;
(2)submitted a complete and legible set of fingerprints
as required in §153.12 of this title (relating to Criminal History
Checks);
(3)satisfied any experience and education requirements
established by the Act, Board rules, and the AQB;
(4)successfully completed any qualifying examination
prescribed by the Board;
(5)provided all supporting documentation or information
requested by the Board in connection with the application;
(6)satisfied all unresolved enforcement matters and
requirements with the Board; and
(7)met any additional or superseding requirements
established by the Appraisal Qualifications Board.
(b)Termination of application. An application is subject
to no further evaluation or processing if within one year from the
date an application is filed, an applicant fails to satisfy:
(1)a current education, experience or exam requirement;
or
(2)the fingerprint and criminal history check requirements
in §153.12 of this title.
(c)A license is valid for the term for which it is
issued by the Board unless suspended or revoked for cause and unless
revoked, may be renewed in accordance with the requirements of §153.17
of this title (relating to License Renewal).
(d)The Board may deny a license to an applicant who
fails to satisfy the Board as to the applicant's honesty, trustworthiness,
and integrity.
(e)The Board may deny a license to an applicant who
submits incomplete, false, or misleading information on the application
or supporting documentation.
(f)When an application is denied by the Board, no
subsequent application will be accepted within two years after the
date of the Board's notice of denial as required in §157.7 of
this title (Denial of a License, Renewal or Reinstatement; Adverse
Action Against a License Holder).
[(g)The following terms, when used
in this section, have the following meanings, unless the context clearly
indicates otherwise:]
[(1)"Military service member" means
a person who is on current full-time military service in the armed
forces of the United States or active duty military service as a member
of the Texas military forces, as defined by Section 437.001, Government
Code, or similar military service of another state.]
[(2)"Military spouse" means a person
who is married to a military service member.]
[(3)"Veteran" means a person who
has served as a military service member and who was discharged or
released from active duty.]
[(h)This subsection applies to an
applicant who is a military service member, veteran, or military spouse.]
[(1)The Board will process an application
under this subsection on an expedited basis.]
[(2)If an applicant under this subsection
holds a current license issued by another state or jurisdiction that
has licensing requirements that are substantially equivalent to the
requirements for the license issued in this state, the Board will:]
[(A)Waive the license application
and examination fees; and]
[(B)Issue the license as soon as
practicable after receipt of the application.]
[(3)The Board may reinstate a license
previously held by an applicant, if the applicant satisfies the requirements
in §153.16 of this chapter (relating to License Reinstatement).]
[(4)The Board may allow an applicant
to demonstrate competency by alternative methods in order to meet
the requirements for obtaining a particular license issued by the
Board. For purposes of this subsection, the standard method of demonstrating
competency is the specific examination, education, and/or experience
required to obtain a particular license.]
[(5)In lieu of the standard method(s)
of demonstrating competency for a particular license and based on
the applicant's circumstances, the alternative methods for demonstrating
competency may include any combination of the following as determined
by the Board:]
[(A)education;]
[(B)continuing education;]
[(C)examinations (written and/or
practical);]
[(D)letters of good standing;]
[(E)letters of recommendation;]
[(F)work experience; or]
[(G)other methods required by the
commissioner.]
[(i)This subsection applies to an
applicant who is a military service member or veteran.]
[(1)The Board will waive the license
application and examination fees for an applicant under this subsection
whose military service, training or education substantially meets
all of the requirements for a license.]
[(2)The Board will credit any verifiable
military service, training or education obtained by an applicant that
is relevant to a license toward the requirements of a license.]
[(3)This subsection does not apply
to an applicant who holds a restricted license issued by another jurisdiction.]
[(4)The applicant must pass the qualifying
examination, if any, for the type of license sought.]
[(5)The Board will evaluate applications
filed under this subsection consistent with the criteria adopted by
the AQB and any exceptions to those criteria as authorized by the
AQB.]
[(j)This subsection applies to an
applicant who is a military spouse. The Board will waive the license
application fee and issue a license by reciprocity to an applicant
who wants to practice in Texas in accordance with 55.0041, Occupations
Code, if:]
[(1)the applicant submits:]
[(A)an application to practice in
Texas on a form approved by the Board;]
[(B)proof of the applicant's Texas
residency; and]
[(C)a copy of the applicant's military
identification card; and]
[(2)the Board verifies that the military
spouse is currently licensed and in good standing with the other state
or jurisdiction.]
[(k)Except as otherwise provided
in this section, a person applying for license under subsection (h),
(i) or (j) of this section must also:]
[(1)submit the Board's approved application
form for the type of license sought;]
[(2)pay the required fee for that
application; and]
[(3)submit the supplemental form
approved by the Board applicable to subsection (h), (i) or (j) of
this section.]
[(l)The commissioner may waive any
prerequisite to obtaining a license for an applicant as allowed by
the AQB.]
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 August 21, 2023
TRD-202303065 Kathleen Santos
General Counsel
Texas Appraiser Licensing and Certification Board
Effective date: September 1, 2023
Expiration date: December 29, 2023
For further information, please call: (512) 936-3652
|