The Texas Appraiser Licensing and Certification Board (TALCB) adopts amendments to §153.1, Definitions; §153.8, Scope of Practice; §153.9, Applications; §153.10, Issuance of Certification, License, or Trainee Approval; §153.11, Examinations; §153.13, Education Required for Licensing; 153.15, Experience Required for Licensing; 153.16, License Reinstatement; §153.17, Renewal or Extension of License; §153.18, Appraiser Continuing Education (ACE); §153.20, Guidelines for Revocation, Suspension, Denial of License; Probationary License; §153.21, Appraiser Trainees and Supervisory Appraisers; §153.22, Voluntary Appraiser Trainee Experience Reviews; §153.24, Complaint Processing; §153.26, Identity Theft; and §153.27, License by Reciprocity, without changes to the text as published in the May 11, 2018, issue of the Texas Register (43 TexReg 2913).

The amendments to §§153.10, 153.15, 153.16, 153.21, and 153.22 implement changes to the education and experience requirements criteria for obtaining an appraiser license adopted by the Appraiser Qualifications Board (AQB), effective May 1, 2018. The amendments to §153.17 implement reporting changes to the National Registry for Appraisers as required by the AQB and the Appraisal Subcommittee under Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA), as amended by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank), to accurately reflect the status of an appraiser's license when the appraiser requests an extension of time to complete required continuing education.

The amendments to §§153.1, 153.8, 153.9, 153.11, 153.13, 153.18, 153.20, 153.24, 153.26, and 153.27 are adopted following a comprehensive rule review of this chapter to better reflect current TALCB procedures and to simplify and clarify where needed. The amendments to §153.1 add the definition of "continuing education cycle" to align TALCB rules with continuing education requirements adopted by the AQB. The amendments to §153.8 correct a typographical error. The amendments to §153.9 clarify when an application terminates. The amendments to §153.11 remove unnecessary language and clarify the process for exam administration and the requirements for exam admission. The amendments to §153.13 remove unnecessary language and conform the language of this rule with that of other TALCB rules. The amendments to §153.18 conform the language of this rule with the definition of "continuing education cycle" proposed for §153.1 and clarify the requirement to provide students with a paper or electronic copy of the current version of the Uniform Standards of Professional Appraisal Practice for certain continuing education courses. The amendments to §153.20 clarify that an applicant who previously held a license that was revoked or surrendered in lieu of disciplinary action may not apply for reinstatement as permitted in §153.16. The amendments to §153.24 clarify when a license holder is considered to have prior discipline and when a "minor deficiency" may be considered a "serious deficiency" for purposes of resolving a complaint. The amendments to §153.26 remove unnecessary language. The amendments to §153.27 conform the language of this rule with that of other TALCB rules.

The reasoned justification for the amendments is to conform TALCB rules with current practices authorized in statute and to provide clarity for license holders and members of the public.

No comments were received on the amendments as published.

The amendments are adopted under Texas Occupations Code §1103.151, which authorizes TALCB to adopt rules relating to certificates and licenses, §1103.152, which authorizes TALCB to prescribe qualifications for appraisers that are consistent with the qualifications established by the AQB, and §1103.153, which authorizes TALCB to adopt rules relating to the continuing education requirements for license holders.

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