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Texas Register Preamble


The Texas Appraiser Licensing and Certification Board (TALCB) proposes amendments to 22 TAC §153.15, Experience Required for Licensing.

The TALCB Enforcement Committee recommends the proposed amendments to implement recommendations from the Sunset Commission directing TALCB to evaluate and update key performance measures, including the average time to issue a license.

The proposed amendments to §153.15 would encourage applicants to submit experience work files in connection with a license application sooner by reducing the response time from 60 to 40 days. This change in addition to other internal improvements and processing changes would reduce overall application processing time and the average time to issue a license. The amendments would also allow applicants to request an extension if needed. The amendments clarify that a failure to respond to a request for work files or the submission of experience work files that do not comply with the Uniform Standards of Professional Appraisal Practice (USPAP) may result in the denial of an application. The amendments distinguish that a license holder who applies to upgrade an existing license and submits work files that do not comply with USPAP may be subject to disciplinary action in addition to the application being subject to denial.

Kristen Worman, 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 units of local government as a result of enforcing or administering the proposed amendments. There is no adverse economic impact anticipated for local or state employment, rural communities, small businesses, or micro businesses as a result of implementing the proposed amendments. There is no significant economic cost anticipated for persons who are required to comply with the proposed amendments. Accordingly, no Economic Impact statement or Regulatory Flexibility Analysis is required.

Ms. Worman has also determined that for each year of the first five years the proposed amendments and rules are in effect, the public benefits anticipated as a result of enforcing the proposed amendments will be shorter application processing times and greater clarity and consistency for applicants and license holders.

Growth Impact Statement:

For each year of the first five years the proposed amendments and rules are in effect the amendments and rules will not:

- create or eliminate a government program;

- require the creation of new employee positions or the elimination of existing employee positions;

- require an increase or decrease in future legislative appropriations to the agency;

- require an increase or decrease in fees paid to the agency;

- create a new regulation;

- expand, limit or repeal an existing regulation; and

- increase the number of individuals subject to the rule's applicability.

For each year of the first five years the proposed amendments are in effect, there is no anticipated impact on the state's economy as the proposed amendments conform the response time required in this section with the response times required in other TALCB Rules.

Comments on the proposed amendments may be submitted to Kristen Worman, General Counsel, Texas Appraiser Licensing and Certification Board, P.O. Box 12188, Austin, Texas 78711-2188 or emailed to: general.counsel@talcb.texas.gov. The deadline for comments is 30 days after publication in the Texas Register.

The amendments are proposed under Texas Occupations Code §1103.151, which authorizes TALCB to adopt rules relating to certificates and licenses.

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



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