The Texas Appraiser Licensing and Certification Board (TALCB) proposes amendments to 22 TAC §§153.1, 153.3, 153.5, 153.8 - 153.11, 153.13, and 153.15 - 153.18, concerning Rules Relating to Provisions of the Texas Licensing and Certification Act. The proposed amendments result from the Board's rule review process and reflect both substantive and non-substantive changes.

The proposed amendments to §153.1, Definitions, add definitions of "ACE" (appraiser continuing education), "administrative law judge," "complex appraisal," "pleading," and "rule". The amendments to this section also delete the definition of "appraisal," which is in conflict with the statutory definition, and clarify the definitions of "contested case," "federally-related transaction," and "person." Amendments in this section and elsewhere in the rules replace the term "non-resident temporary registration" with "temporary out of state appraiser" to be more consistent with the statutory language.

The proposed amendments to §153.3, The Board, eliminate those subsections that are duplicative of statutory provisions and clarify that members shall continue to serve after their terms are finished until their successors are qualified to serve.

The proposed amendments to §153.5, Fees, combine the application and education evaluation fees for all license types that are currently required to submit an education evaluation and fee before submitting an application, as these processes and fees are being proposed to be combine into a single application process (see §153.9, below). Individual online fee provisions are also combined into a single reference to Department of Information Resources online fees, and the National Registry fee is restated as a reference to the fee charged by the Appraisal Subcommittee (ASC). The amendments would further implement a new $20 fee for filing non-electronic documents that could be filed online, as well as increased renewal fees for late renewals at a rate of 1.5 times the regular fee for renewals up to 90 days late and two times for renewals from 91 days to one year after expiration, which replace a $100 fee required for late renewals that has been eliminated through process changes. Last, a number of non-substantive revisions are proposed to improve readability.

The proposed amendments to §153.8, Scope of Practice, consolidate the requirement that all license types comply with USPAP, and establish specific provisions regarding a disabled appraiser's use of an unlicensed assistant.

The proposed amendments to §153.9, Applications, combine the education evaluation and application processes, allowing applicants to submit an application for license or certification before or concurrently with submitting documentation of their coursework. In addition to streamlining the process for the agency and to better implement the new licensing database, this will allow prospective licensees to apply for licensure or certification without first submitting a request for education evaluation and waiting for their education to be approved. These amendments would also repeal the promulgated application and application-related forms, allowing the Board to approve (rather than adopt) forms and better respond to process changes and new requirements. Other changes better accommodate online application, renewal, and notification processes or reflect non-substantive changes to improve readability.

Proposed amendments to §153.10, Date of Licensure, clarify that licenses and certifications are valid for two years, while a trainee approval is valid for one year and registration as a temporary out-of-state appraiser is valid for no longer than six months, and that a license, certification, approval, or registration is not effective until it is issued by the board.

Proposed amendments to §153.11, Examinations, are primarily a non-substantive update of the examination requirements, including a clarification that while calculators are allowed, cellular phones may not be used as calculators. In accordance with the Appraisal Qualifications Board's (AQB) Real Property Appraiser Qualification Criteria, the amendments also clarify that successful completion of the examination is valid for 24 months.

Proposed amendments to §153.13, Educational Requirements, eliminate provisions regarding changes that became effective on November 1, 2007, as all applicants are now subject to the new requirements, and clarify the AQB requirements regarding distance education courses. The amendments also introduce non-substantive changes to the section.

Proposed amendments to §153.15, Experience Required for Certification or Licensing, implement the federal requirement that the board audit the experience of 100% of applicants for certification. The proposed amendments further clarify the experience audit process.

Proposed amendments to §153.16, Provisional License, reorganize the section for readability and constitute a non-substantive rewrite of the requirements for provisional licenses.

Proposed amendments to §153.17, Renewal or Extension of Certification and License or Renewal of Trainee Approval, consolidate the general renewal requirements into a new subsection (a) and clarify that a renewal is timely if it is complete and mailed or filed online by the expiration date. The proposed amendments also clarify the process for reapplying for a license after expiration and make other non-substantive changes to improve readability.

Proposed amendments to §153.18, Appraiser Continuing Education, eliminate provisions regarding changes to trainee education requirements that became effective on March 1, 2006, as the distinction in the rules is no longer necessary. The proposed amendments also clarify that only the 7-hour national USPAP update course or its equivalent, taught by an AQB-certified USPAP instructor who is also a certified appraiser, qualifies for USPAP update course credit, and make other non-substantive changes to improve readability.

Devon V. Bijansky, General Counsel, has determined that for the first five-year period the proposed amendments are in effect, there will be no fiscal implications for the state or for units of local government as a result of enforcing or administering the amendments. There is no anticipated impact on local or state employment as a result of implementing the amendments. There may be a small impact to certain licensees, many of whom are small businesses or micro-businesses, as a result of implementing the late renewal fee provisions. It is estimated that approximately 50 appraisers currently renew their licenses/certifications within one year after expiration; under the new provisions these licensees will incur additional fees of, on average, $100. However, licensees may avoid paying this fee by timely renewing their licenses. Likewise, the proposed $20 paper filing fee may have a limited fiscal impact on certain licensees. This rule as amended would only authorize the board to charge the additional fee in cases where the same form may be submitted online; if the board does not provide the online service, there would be no additional fee to submit the form on paper, and persons may voluntarily avoid paying the $20 fee by submitting the form online.

Ms. Bijansky has also determined that for the first five years the amendments are in effect the public benefit anticipated as a result of these amendments is greater clarity and consistency in TALCB's licensing processes.

Comments on the proposed amendments may be submitted to Devon V. Bijansky, General Counsel, P.O. Box 12188, Austin, Texas 78711-2188.

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

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