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Texas Register Preamble


The Texas Appraiser Licensing and Certification Board (TALCB) adopts amendments to §153.9, Applications. The rule is adopted with changes to the proposed text as published in the September 11, 2009, issue of the Texas Register (34 TexReg 6252) and will be republished. The amendments reflect revised application fees, consistent with amendments to 22 TAC §153.5 adopted elsewhere in this issue, clarify the requirements regarding education evaluations, and adopt by reference 17 new and revised application forms. The changes to the forms primarily reflect formatting changes; however, the forms also expand and clarify the criminal background questions and harmonize, when possible, the instructions and certification sections at the end of the forms. A multi-purpose application form was divided into three separate applications: Application for Appraiser License, TALCB Form AL-0; Application for Certification - Certified Residential Appraiser, TALCB Form CRA-0; and Application for Certification - Certified General Appraiser, TALCB Form CGA-0. The Request for Inactive Status (For Expired Certification of License Within One Year of Expiration Date), TALCB Form RISE-0, was also created for expired licensees and certificate holders, based on the inactive status form for currently licensed or certified appraisers. The form previously called "Supplement to Application for Certification or License by Reciprocity" was renamed "Application for Certification or License by Reciprocity" to reflect that it is a stand-alone form. Separate ACE extension request forms for provisional licensees and for other license types were combined into a single form.

Two of the forms have been revised since the rule was proposed. The revised forms are form AER-0, ACE Extension Request, and RISE-0, Request for Inaction Status (For Expired Certification of License Within One Year of Expiration Date). The revisions update the fees as adopted in this issue in 22 TAC §153.5, Fees. The changes to the forms as adopted that were not in the proposed rule do not change the nature or scope so much that they could be deemed a different rule or different forms. The rule and forms as adopted do not affect individuals other than those contemplated by the rule and forms as proposed. Because the fees are separately adopted, the rule and forms as adopted do not impose more onerous requirements than the proposed versions and do not materially alter the issues raised in the proposed rule or forms. Changes in the adopted forms reflect non-substantive variations from the proposal to comport with the fee changes adopted elsewhere in this issue.

The reasoned justification for these amendments is greater clarity and consistency in TALCB's application and licensing processes.

No comments were received regarding the amendments as proposed.

The amendments are adopted under the Texas Occupations Code, §1103.151, Rules Relating to Certificates and Licenses.

The statute affected by this adoption is Texas Occupations Code, Chapter 1103. No other statute, code, or article is affected by the amendments.



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