Texas Register Preamble
The Texas Appraiser Licensing and Certification Board (TALCB) proposes amendments to 22 TAC §§153.1, Definitions; 153.5, Fees; 153.8, Scope of Practice; 153.9, Applications; 153.11, Examinations; 153.15, Experience Required for Licensing; 153.17, License Renewal; 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; 153.23, Inactive Status; 153.24, Complaint Processing; 153.26, Identity Theft; 153.28, Peer Investigative Committee Review; and 153.40, Approval of Continuing Education Providers and Courses. The proposed amendments are made following TALCB's quadrennial rule review for this Chapter, to better reflect current TALCB procedures, and to simplify and clarify where needed.
The proposed amendments to §153.1 move a definition from §153.40, align the language more closely with Appraisal Qualifications Board (AQB) definitions, and add a definition for the recently AQB adopted PAREA program. The proposed amendments to §153.5 remove outdated fees, clarify the applicability of application fees to reinstatements, increase the fee for voluntary experience reviews, and clarify the applicability of online convenience fee required by the Department of Information Resources.
The proposed amendment to §153.11 provides the examination provider additional discretion in determining the method of accommodation.
The proposed amendments to §153.15 consolidate redundant requirements for new applicants and existing license holders seeking to upgrade their license, add references to the PAREA program and instruct how this experience may be submitted to TALCB, and outline contingent approval may be granted upon completion of additional education, experience, or mentorship.
The proposed amendments to §153.17 remove sections now obsolete since the implementation of an online submission system.
The proposed amendments to §153.20 clarify the guidelines apply to disciplinary action and are not limited to revocation and suspension, remove a redundant section, and reflect changes to TALCB division names.
The proposed amendments to §153.21 alter the progress monitoring program required of supervisory appraisers with 4-5 trainees, in accordance with AQB Criteria. Trainees of supervisory appraisers that fall into this category no longer are required to submit their work product for review as specified in §153.22. TALCB will require the applicable supervisory appraisers to submit a progress monitoring plan for his or her trainees and keep progress monitoring reports subject to TALCB inspection for a specified period of time. The amendments also update references to distance education in accordance with updates to the AQB's Criteria.
The proposed amendments to §153.22 clarify that an interested applicant, not just trainees, may apply for an appraiser experience review.
The proposed amendment to §153.23 removes a reference to an outdated fee. The proposed amendments to §153.24 reflect changes to TALCB division names, remove references to former processes, and provide for the Commissioner to designate to sign an agreed resolution on his or her behalf. The proposed amendments to §153.26 reflect renumbered sections in §153.20.
In §153.28, the proposed amendments further reflect current investigative process.
The proposed amendments to §153.40 remove redundant definitions, and those moved to §153.1 remove surplus fee information and references to outdated processes.
Kathleen Santos, 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. Santos 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 requirements that are consistent with statutes and easier to understand, apply, and process.
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 rules' 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.
Comments on the proposed amendments may be submitted to Kathleen Santos, General Counsel, Texas Appraiser Licensing and Certification Board, P.O. Box 12188, Austin, Texas 78711-2188 or emailed to firstname.lastname@example.org. Comments may also be submitted electronically at https://www.talcb.texas.gov/agency-information/rules-and-laws/comment-on-proposed-rules. 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 for certifying or licensing an appraiser or appraiser trainee and §1103.154, which authorizes TALCB to adopt rules relating to professional conduct.
The statute affected by these amendments are Chapter 1103 and 1104, Texas Occupations Code. No other statute, code or article is affected by the proposed amendments.
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