The Texas Appraiser Licensing and Certification Board (TALCB) adopts amendments to 22 TAC §153.15, Experience Required for Licensing, with changes to the proposed text as published in the February 22, 2019, issue of the Texas Register (44 TexReg 791); therefore, the rule will be republished.

Section 153.15 sets forth the process and criteria for awarding experience credit for license applicants. The TALCB Enforcement Committee recommends adoption of the amendments with changes to the proposed text 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 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.

No comments were received regarding adoption of the amendments.

The TALCB adopts the amendments with the following changes to the proposed text in subsection (h)(2): removal of proposed text changing the time period for applicants to submit experience documents to the Board from 60 to 40 days, since 60 days is a statutory requirement; and removal of proposed text regarding an extension of time, since applications for a license remain open for one year from the date of filing to allow applicants sufficient time to fulfill all requirements for obtaining a license.

These changes as adopted do not change the nature or scope so much that the rule as adopted could be deemed a different rule. The rule as adopted does not affect individuals other than those contemplated by the rule as proposed. The rule as adopted does not impose more onerous requirements than the proposed rule.

The amendments are adopted under Occupations Code §1103.151, which authorizes TALCB to adopt rules for certifying or licensing an appraiser or appraiser trainee in this state that are in accordance with Chapter 1103 and consistent with applicable federal law.