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 §153.17Renewal of Certification, License or Trainee Approval
ISSUE 11/29/2002
ACTION Final/Adopted
Preamble Texas Admin Code Rule

(a)A license or certification issued by the board is valid for two years after the date of issuance. An appraiser trainee approval issued by the board is valid for one year after the date of issuance. A certified or licensed appraiser or appraiser trainee may renew the certification, license or trainee approval by timely filing the prescribed application for renewal, paying the appropriate fee to the board and satisfying continuing education requirements as provided by §153.18 of this title (relating to Appraiser Continuing Education).

(b)The board shall mail the prescribed renewal application form to the appraiser or trainee's last known business address at least 90 days prior to the expiration of the certification, license or approval. It is the responsibility of the appraiser or trainee to apply for renewal in accordance with these sections, and failure to receive a renewal application from the board does not relieve the appraiser or trainee of the responsibility of timely applying for renewal.

(c)The board may not accept a renewal application filed after the expiration of the certification, license or appraiser trainee approval. An appraiser or trainee who does not timely file a renewal application must reapply for certification, license or approval as an appraiser trainee in accordance with the provisions of §153.9 of this title (relating to Applications). If the application is filed within one year of the expiration of a previous certification or license the applicant shall also provide satisfactory evidence of completion of any continuing education, as provided by §153.18 of this title (relating to Appraiser Continuing Education), that would have been required for a timely renewal of the previous certification or license. If the application for certification or license is filed more than one year after the expiration of the previous certification or license, the applicant must successfully complete the examination required by §153.11 of this title (relating to Examinations).

(d)An appraiser renewal application is acceptable for processing when it is received by the board, with proper fees, and postmarked by the U.S. Postal Service, an overnight delivery service, or entered electronically into the TexasOnline system, on or before the expiration date of the certification, license or authorization.

(e)An ACE Report, on a form prescribed by the board, must be submitted with each application for renewal. The ACE Report includes, but is not limited to, the course or seminar name, educational provider, date(s), location, number of hours and AQB topic(s). The ACE Report may be filed electronically by those who are renewing through the TexasOnline system.

  (1)Knowingly or intentionally furnishing false or misleading information in connection with the ACE Report filed under this section is grounds for disciplinary action up to and including revocation of certification or licensure as provided by §153.20 (12) of this title (relating to Guidelines for Revocation, Suspension or Denial of Licensure or Certification).

  (2)It is the appraiser's responsibility to maintain a record to document the ACE, which is claimed for the renewal, and the documentation must be kept the appraiser's file for 5 years. The documentation must contain all transcripts or course certificates or continuing education forms issued by the course provider(s).

  (3)The board may require verification of acceptable ACE for any renewal application. The renewing appraiser must submit the documentation within 20 days after the date of notification. The verification may be obtained by:

    (A)requiring copies of all transcripts or course certificates or continuing education forms that were issued by the course provider(s); and

    (B)engaging in other investigative research determined to be appropriate by the board.

  (4)Failure to comply with a request for verification of ACE documentation is a violation of these rules and may result revocation or suspension of certification or licensure and other disciplinary action.

(f)Provisional licensees and appraiser trainees must provide a copy of an appraisal log, on a form prescribed by the board, for the period of license or authorization being renewed.

(g)Renewal of Licenses or Certification for Servicemen on Active Duty Outside the State.

  (1)A person previously licensed or certified by the board under this Act who is on active duty in the United States armed forces and serves in this capacity outside the State of Texas may renew an expired license or certification without being subject to any increase in fee imposed in his or her absence, or any additional education or experience requirements if the person:

    (A)provides a copy of official orders or other documentation acceptable to the board showing that the person was on active duty outside the state during the person's last renewal period;

    (B)applies for the renewal within 90 days after the person's active duty ends; and

    (C)pays the renewal application fee in effect when the previous license or certification expired.

  (2)Appraiser continuing education requirements as set out in §153.18 of this title, that would have been imposed for a timely renewal shall be deferred under this section to the next renewal of a license or certification.

(h)Denial of Licensing and Certification of Persons who are in Default on Texas Guaranteed Student Loan Corporation (TGSLC) Loans.

  (1)Renewals of licenses and certifications issued by the board are subject to the policies established by the Texas Education Code, §57.491.

  (2)Before the board declines to renew a license or certification due to default on a loan guaranteed by the TGSLC, a default on a repayment agreement with TGSLC, or a failure to enter a repayment agreement with TGSLC, the board shall give notice and provide an opportunity for a hearing in accordance with the provisions of the Texas Government Code, §2001.051 et seq.

  (3)The board shall advise those licensed or certified in renewal notices and shall advise those who apply for licensure or certification in application forms that default on a loan guaranteed by TGSLC may prevent subsequent renewal of a license or certification or prevent the approval of an initial application for license or certification.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 14, 2002

TRD-200207457

Renil C. Liner

Commissioner

Texas Appraiser Licensing and Certification Board

Effective date: January 1, 2003

Proposal publication date: September 27, 2002

For further information, please call: (512) 463-3950



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