The Texas Appraiser Licensing and Certification Board (TALCB) adopts amendments to §§153.1, 153.3, 153.5, 153.8 - 153.11, 153.16, and 153.18, concerning Rules Relating to Provisions of the Texas Licensing and Certification Act. The rules are being adopted without changes to the proposed text as published in the June 11, 2010, issue of the Texas Register (35 TexReg 4835), with the exception of §§153.13, 153.15, and 153.17 which are being withdrawn and appear elsewhere in this issue. Sections 153.13, 153.15, and 153.17 will be reproposed in a future issue. The amendments result from the Board's rule review process and reflect both substantive and non-substantive changes.

The 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" to "temporary out of state appraiser" to be more consistent with the statutory language.

The 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 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 combined 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 being made to improve readability.

The 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 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.

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.

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.

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

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 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.

The reasoned justification for these amendments as adopted is greater clarity, consistency, and efficiency in TALCB's 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.