Administrative Rules Relating to Provisions of the Texas Appraiser Licensing and Certification Act

RULE §153.1    Definitions
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

  (1) ACE--Appraiser Continuing Education.
  (2) Act--The Texas Appraiser Licensing and Certification Act.
  (3) Administrative Law Judge--A judge employed by the State Office of Administrative Hearings (SOAH).
  (4) Analysis--The act or process of providing information, recommendations or conclusions on diversified problems in real estate other than estimating value.
  (5) Applicant--A person seeking a certification, license, approval as an appraiser trainee, or registration as a temporary out-of-state appraiser from the Board.
  (6) Appraisal practice--Valuation services performed by an individual acting as an appraiser, including but not limited to appraisal and appraisal review.
  (7) Appraisal report--A report as defined by and prepared under the USPAP.
  (8) Appraisal Standards Board--The Appraisal Standards Board (ASB) of the Appraisal Foundation, or its successor.
  (9) Appraisal Subcommittee--The Appraisal Subcommittee (ASC) of the Federal Financial Institutions Examination Council or its successor.
  (10) Appraiser Qualifications Board--The Appraiser Qualifications Board (AQB) of the Appraisal Foundation, or its successor.
  (11) Appraiser trainee--A person approved by the Board to perform appraisals or appraiser services under the active, personal and diligent supervision and direction of the supervisory appraiser.
  (12) Board--The Texas Appraiser Licensing and Certification Board.
  (13) Certified General Appraiser--A certified appraiser who is authorized to appraise all types of real property.
  (14) Certified Residential Appraiser--A certified appraiser who is authorized to appraise one-to-four unit residential properties without regard to value or complexity.
  (15) Classroom hour--Fifty minutes of actual classroom session time.
  (16) Client--Any party for whom an appraiser performs an assignment.
  (17) College--Junior or community college, senior college, university, or any other postsecondary educational institution established by the Texas Legislature, which is accredited by the Commission on Colleges of the Southern Association of Colleges and Schools or like commissions of other regional accrediting associations, or is a candidate for such accreditation.
  (18) Commissioner--The commissioner of the Texas Appraiser Licensing and Certification Board.
  (19) Complainant--Any person who has made a written complaint to the Board against any person subject to the jurisdiction of the Board.
  (20) Complex appraisal--An appraisal in which the property to be appraised, the form of ownership, market conditions, or any combination thereof are atypical.
  (21) Council--The Federal Financial Institutions Examination Council (FFIEC) or its successor.
  (22) Day--A calendar day unless clearly indicated otherwise.
  (23) Distance education--Any educational process based on the geographical separation of student and instructor that provides a reciprocal environment where the student has verbal or written communication with an instructor.
  (24) Feasibility analysis--A study of the cost-benefit relationship of an economic endeavor.
  (25) Federal financial institution regulatory agency--The Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, the Office of Thrift Supervision, the National Credit Union Administration, or the successors of any of those agencies.
  (26) Federally related transaction--Any real estate-related transaction that requires the services of an appraiser and that is engaged in, contracted for, or regulated by a federal financial institution regulatory agency.
  (27) Foundation--The Appraisal Foundation (TAF) or its successor.
  (28) Fundamental real estate appraisal course--Those courses approved by the Appraiser Qualifications Board as qualifying education.
  (29) Inactive certificate or license--A general certification, residential certification, or state license which has been placed on inactive status by the Board.
  (30) License--The whole or a part of any Board permit, certificate, approval, registration or similar form of permission required by law.
  (31) License holder--A person certified, licensed, approved, authorized or registered by the Board under the Texas Appraiser Licensing and Certification Act.
  (32) Licensed Residential Appraiser--A licensed appraiser who is authorized to appraise non-complex one-to-four residential units having a transaction value less than $1 million and complex one-to-four residential units having a transaction value less than $250,000.
  (33) Licensing--Includes the Board processes respecting the granting, disapproval, denial, renewal, certification, revocation, suspension, annulment, withdrawal or amendment of a license.
  (34) Market analysis--A study of market conditions for a specific type of property.
  (35) Nonresidential real estate appraisal course--A course with emphasis on the appraisal of nonresidential real estate properties which include, but are not limited to, income capitalization, income property, commercial appraisal, rural appraisal, agricultural property appraisal, discounted cash flow analysis, subdivision analysis and valuation, or other courses specifically determined by the Board.
  (36) Nonresidential property--A property which does not conform to the definition of residential property.
  (37) Party--The Board and each person or other entity named or admitted as a party.
  (38) Person--Any individual, partnership, corporation, or other legal entity.
  (39) Personal property--Identifiable tangible objects and chattels that are considered by the general public as being "personal," for example, furnishings, artwork, antiques, gems and jewelry collectibles, machinery and equipment; all tangible property that is not classified as real estate.
  (40) Petitioner--The person or other entity seeking an advisory ruling, the person petitioning for the adoption of a rule, or the party seeking affirmative relief in a proceeding before the Board.
  (41) Pleading--A written document, submitted by a party or a person seeking to participate in a case as a party, that requests procedural or substantive relief, makes claims, alleges facts, makes a legal argument, or otherwise addresses matters involved in the case.
  (42) Real estate--An identified parcel or tract of land, including improvements, if any.
  (43) Real estate appraisal experience--Valuation services performed as an appraiser or appraiser trainee by the person claiming experience credit. Significant real property appraisal experience requires active participation; mere observation of another appraiser's work is not real estate appraisal experience.
  (44) Real estate-related financial transaction--Any transaction involving: the sale, lease, purchase, investment in, or exchange of real property, including an interest in property or the financing of property; the financing of real property or an interest in real property; or the use of real property or an interest in real property as security for a loan or investment including a mortgage-backed security.
  (45) Real property--The interests, benefits, and rights inherent in the ownership of real estate.
  (46) Record--All notices, pleadings, motions and intermediate orders; questions and offers of proof; objections and rulings on them; any decision, opinion or report by the Board; and all staff memoranda submitted to or considered by the Board.
  (47) Report--Any communication, written or oral, of an appraisal, review, or analysis; the document that is transmitted to the client upon completion of an assignment.
  (48) Residential property--Property that consists of at least one but not more than four residential units.
  (49) Respondent--Any person subject to the jurisdiction of the Board, licensed or unlicensed, against whom any complaint has been made.
  (50) Supervisory Appraiser--A certified general or residential appraiser who is designated as a supervisory appraiser, as defined by the AQB, for an appraiser trainee. The supervisory appraiser is responsible for providing active, personal and diligent supervision and direction of the appraiser trainee.
  (51) Trade Association--A nonprofit voluntary member association or organization:
    (A) whose membership consists primarily of persons who are licensed as appraisers and pay membership dues to the association or organization;
    (B) that is governed by a board of directors elected by the members; and
    (C) that subscribes to a written code of professional conduct or ethics.
  (52) USPAP--Uniform Standards of Professional Appraisal Practice adopted by the Appraisal Standards Board of the Appraisal Foundation.
  (53) Workfile--Documentation necessary to support an appraiser's analysis, opinions, and conclusions, and in compliance with the record keeping provisions of USPAP.
Source Note: The provisions of this §153.1 adopted to be effective March 2, 1992, 17 TexReg 1231; amended to be effective November 10, 1993, 18 TexReg 7542; amended to be effective July 21, 1994, 19 TexReg 5354; amended to be effective September 1, 1995, 20 TexReg 6202; amended to be effective January 1, 1999, 23 TexReg 6443; amended to be effective November 17, 1999, 24 TexReg 10090; amended to be effective April 1, 2001, 26 TexReg 2163; amended to be effective January 1, 2003, 27 TexReg 11146; amended to be effective October 16, 2003, 28 TexReg 8942; amended to be effective January 1, 2006, 30 TexReg 8689; amended to beeffective June 6, 2006, 31 TexReg 4624; amended to be effective August 28, 2007, 32 TexReg 5368; amended to be effective September 20, 2010, 35 TexReg 8496; amended to be effective November 1, 2011, 36 TexReg 7316; amended to be effective June 8, 2014, 39 TexReg 4251; amended to be effective December 14, 2014, 39 TexReg 9667; amended to be effective September 7, 2015, 40 TexReg 5789; amended to be effective January 1, 2016, 40 TexReg 8890


RULE §153.3    The Board
(a) A quorum of the Board consists of five members.
(b) Meetings of the Board may be called by the chair on a motion by the chair or upon the written request of five members. Unless state law or Board rules require otherwise, meetings shall be conducted in accordance with Robert's Rules of Order.
(c) At the end of a term, members shall continue to serve until their successors are qualified.
Source Note: The provisions of this §153.3 adopted to be effective March 2, 1992, 17 TexReg 1231; amended to be effective November 10, 1993, 18 TexReg 7542; amended to be effective August 28, 2007, 32 TexReg 5368; amended to be effective September 20, 2010, 35 TexReg 8496; amended to be effective September 7, 2014, 39 TexReg 6857

RULE §153.5    Fees
(a) The Board shall charge and the Commissioner shall collect the following fees:
  (1) a fee of $400 for an application for a certified general appraiser license;
  (2) a fee of $350 for an application for a certified residential appraiser license;
  (3) a fee of $325 for an application for a licensed residential appraiser license;
  (4) a fee of $300 for an application for an appraiser trainee license;
  (5) a fee of $360 for a timely renewal of a certified general appraiser license;
  (6) a fee of $310 for a timely renewal of a certified residential appraiser license;
  (7) a fee of $290 for a timely renewal of a licensed residential appraiser license;
  (8) a fee of $250 for a timely renewal of an appraiser trainee license;
  (9) a fee equal to 1-1/2 times the timely renewal fee for the late renewal of a license within 90 days of expiration;
  (10) a fee equal to two times the timely renewal fee for the late renewal of a license more than 90 days but less than six months after expiration;
  (11) a fee of $250 for nonresident license;
  (12) the national registry fee in the amount charged by the Appraisal Subcommittee;
  (13) an application fee for licensure by reciprocity in the same amount as the fee charged for a similar license issued to a Texas resident;
  (14) a fee of $40 for preparing a certificate of licensure history, active licensure, or supervision;
  (15) a fee of $20 for an addition or termination of sponsorship of an appraiser trainee;
  (16) a fee of $20 for replacing a lost or destroyed license;
  (17) a fee for a returned check equal to that charged for a returned check by the Texas Real Estate Commission;
  (18) a fee of $200 for an extension of time to complete required continuing education;
  (19) a fee of $25 to request a license be placed on inactive status;
  (20) a fee of $50 to request a return to active status;
  (21) a fee of $50 for evaluation of an applicant's criminal history;
  (22) an examination fee as provided in the Board's current examination administration agreement;
  (23) a fee of $20 per certification when providing certified copies of documents;
  (24) a fee of $20 for filing any application, renewal, change request, or other record on paper when the person may otherwise file electronically by accessing the Board's website and entering the required information online; and
  (25) any fee required by the Department of Information Resources for establishing and maintaining online applications.
(b) Fees must be submitted in U.S. funds payable to the order of the Texas Appraiser Licensing and Certification Board. Fees are not refundable once an application has been accepted for filing. Persons who have submitted a check which has been returned, and who have not made good on that check within thirty days, for whatever reason, shall submit all future fees in the form of a cashier's check or money order.
(c) Licensing fees are waived for members of the Board staff who must maintain a license for employment with the Board only and are not also using the license for outside employment.
Source Note: The provisions of this §153.5 adopted to be effective March 2, 1992, 17 TexReg 1231; amended to be effective November 10, 1993, 18 TexReg 7542; amended to be effective July 21, 1994, 19 TexReg 5354; amended to be effective March 1, 1995, 19 TexReg 10357; amended to be effective March 1, 1997, 22 TexReg 1717; amended to be effective January 1, 1998, 22 TexReg 12050; amended to be effective April 1, 2001, 26 TexReg 2163; amended to be effective November 1, 2002, 27 TexReg 8477; amended to be effective October 16, 2003, 28 TexReg 8943; amended to be effective November 28, 2004, 29 TexReg 10779; amended to be effectiveJanuary 1, 2006, 30 TexReg 8689; amended to be effective October 30, 2007, 32 TexReg 7687; amended to be effective June 11, 2008, 33 TexReg 4502; amended to be effective May 31, 2009, 34 TexReg 3262; amended to be effective November 10, 2009, 34 TexReg 7805; amended to be effective September 20, 2010, 35 TexReg 8496; amended to be effective November 1, 2011, 36 TexReg 7316; amended to be effective June 10, 2012, 37 TexReg 4223; amended to be effective December 22, 2013, 38 TexReg 9048; amended to be effective September 7, 2014, 39 TexReg 6857; amended to be effective January 1, 2015, 39 TexReg 9667; amended to be effective January 1, 2016, 40 TexReg 8890

RULE §153.8    Scope of Practice
(a) License holders are bound by the USPAP edition in effect at the time of the appraisal.
(b) Certified General Real Estate Appraisers may appraise of all types of real property without regard to transaction value or complexity.
(c) Certified Residential Real Estate Appraisers:
  (1) may appraise one-to-four residential units without regard to transaction value or complexity;
  (2) may appraise vacant or unimproved land for which the highest and best use is for one-to-four family purposes;
  (3) may not appraise subdivisions; and
  (4) may associate with a state certified general real estate appraiser, who shall sign the appraisal report, to appraise non-residential properties.
(d) State Licensed Real Estate Appraisers:
  (1) may appraise non-complex one-to-four residential units having a transaction value less than $1 million and complex one-to-four residential units having a transaction value less than $250,000;
  (2) may appraise vacant or unimproved land for which the highest and best use is for one to four unit residential purposes;
  (3) may not appraise subdivisions; and
  (4) may associate with a state certified general real estate appraiser, who shall sign the appraisal report, to appraise non-residential properties.
(e) Appraiser Trainees may appraise those properties, under the active, personal and diligent supervision of their sponsoring appraiser, which the sponsoring appraiser is permitted to appraise.
(f) If an appraiser or appraiser trainee is a person with a disability (as defined in the Americans with Disabilities Act or regulations promulgated thereunder), an unlicensed assistant may perform certain services normally requiring a license for or on behalf of the appraiser or appraiser trainee, provided that:
  (1) the services performed by the assistant do not include appraisal analysis;
  (2) the assistant only provides such services as would constitute a reasonable accommodation;
  (3) the assistant is under the direct control of the appraiser or appraiser trainee;
  (4) the appraiser or appraiser trainee is as close in physical proximity as is practical to the activity;
  (5) the assistant is not represented as being or having the authority to act as an appraiser or appraiser trainee; and
  (6) if the assistant provides significant assistance, the appraisal report includes the name of the assistant.
Source Note: The provisions of this §153.8 adopted to be effective January 1, 1999, 23 TexReg 6443; amended to be effective April 1, 2001, 26 TexReg 2163; amended to be effective August 28, 2007, 32 TexReg 5368; amended to be effective September 20, 2010, 35 TexReg 8496; amended to be effective September 7, 2014, 39 TexReg 6857

RULE §153.9    Applications
(a) A person desiring to be licensed as an appraiser, appraiser trainee, or temporary out-of-state appraiser shall file an application using forms prescribed by the Board or the Board's online application system, if available. The Board may decline to accept for filing an application that is materially incomplete or that is not accompanied by the appropriate fee. Except as provided by the Act, the Board may not grant a license to an applicant who has not:
  (1) paid the required fees;
  (2) satisfied any experience and education requirements established by the Act, Board rules, or the AQB;
  (3) successfully completed any qualifying examination prescribed by the Board;
  (4) provided all supporting documentation or information requested by the Board in connection with the application;
  (5) satisfied all unresolved enforcement matters and requirements with the Board; and
  (6) met any additional or superseding requirements established by the Appraisal Qualifications Board.
(b) An application may be considered void and subject to no further evaluation or processing if an applicant fails to provide information or documentation within 60 days after the Board makes a written request for the information or documentation.
(c) A license is valid for the term for which it is issued by the Board unless suspended or revoked for cause and unless revoked, may be renewed in accordance with the requirements of §153.17 of this title (relating to Renewal or Extension of Certification and License or Renewal of Trainee Approval).
(d) The Board may deny a license to an applicant who fails to satisfy the Board as to the applicant's honesty, trustworthiness, and integrity.
(e) The Board may deny a license to an applicant who submits incomplete, false, or misleading information on the application or supporting documentation.
(f) When an application is denied by the Board, no subsequent application will be accepted within two years after the date of the Board's notice of denial as required in §157.7 of this title.
(g) This subsection applies to an applicant who is a military service member, a military veteran, or the spouse of a person serving on active duty as a member of the armed forces of the United States.
  (1) The Board shall waive the license application and examination fees for an applicant who is:
    (A) a military service member or military veteran whose military service, training, or education substantially meets all of the requirements for the license; or
    (B) a military service member, military veteran, or military spouse who holds a current license issued by another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the license in this state.
  (2) The Board shall issue on an expedited basis a license to an applicant who holds a current license issued by another state or jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the license issued in this state.
  (3) The Board may issue a license to an applicant who within the five years preceding the application date, held the license in this state.
  (4) The Board may allow an applicant to demonstrate competency by alternative methods in order to meet the requirements for obtaining a particular license issued by the Board. For purposes of this subsection, the standard method of demonstrating competency is the specific examination, education, and/or experience required to obtain a particular license.
  (5) In lieu of the standard method(s) of demonstrating competency for a particular license and based on the applicant's circumstances, the alternative methods for demonstrating competency may include any combination of the following as determined by the Board:
    (A) education;
    (B) continuing education;
    (C) examinations (written and/or practical);
    (D) letters of good standing;
    (E) letters of recommendation;
    (F) work experience; or
    (G) other methods required by the commissioner.
(h) This subsection applies to an applicant who is serving on active duty or is a veteran of the armed forces of the United States.
  (1) The Board will credit any verifiable military service, training or education obtained by an applicant that is relevant to a license toward the requirements of a license.
  (2) This subsection does not apply to an applicant who holds a restricted license issued by another jurisdiction.
  (3) The applicant must pass the qualifying examination, if any, for the type of license sought.
  (4) The Board will evaluate applications filed by an applicant who is serving on active duty or is a veteran of the armed forces of the United States consistent with the criteria adopted by the AQB and any exceptions to those criteria as authorized by the AQB.
(i) A person applying for license under subsection (g) or (h) of this section must also:
  (1) submit the Board's approved application form for the type of license sought;
  (2) submit the appropriate fee for that application; and
  (3) submit the supplemental form approved by the Board applicable to subsection (g) or (h) of this section.
(j) The commissioner may waive any prerequisite to obtaining a license for an applicant as allowed by the AQB.
Source Note: The provisions of this §153.9 adopted to be effective March 2, 1992, 17 TexReg 1231; amended to be effective April 1, 1993, 18 TexReg 1680; amended to be effective November 10, 1993, 18 TexReg 7542; amended to be effective July 21, 1994, 19 TexReg 5354; amended to be effective March 1, 1995, 19 TexReg 10357; amended to be effective March 1, 1997, 22 TexReg 1717; amended to be effective March 31, 1999, 24 TexReg 2351; amended to be effective November 17, 1999, 24 TexReg 10090; amended to be effective April 1, 2001, 26 TexReg 2163; amended to be effective September 30, 2004, 29 TexReg 9188; amended to beeffective July 25, 2005, 30 TexReg 4212; amended to be effective January 1, 2006, 30 TexReg 8689; amended to be effective June 6, 2006, 31 TexReg 4624; amended to be effective October 30, 2007, 32 TexReg 7687; amended to be effective November 9, 2008, 33 TexReg 8942; amended to be effective November 10, 2009, 34 TexReg 7806; amended to be effective September 20, 2010, 35 TexReg 8496; amended to be effective September 12, 2012, 37 TexReg 7174; amended to be effective December 22, 2013, 38 TexReg 9048; amended to be effective September 7, 2014, 39 TexReg 6857; amended to be effective March 19, 2015, 40 TexReg 1379; amended to be effective January 1, 2016, 40 TexReg 8891

RULE §153.10    Issuance of Certification, License, or Trainee Approval
(a) A license is issued when all requirements have been met and it is entered into the Board's database and a license number has been assigned.
(b) An applicant is not licensed and may not represent himself or herself as a certified or licensed appraiser, appraiser trainee, or registered temporary out-of-state appraiser until the license has been issued by the Board.
(c) A license issued by the Board is valid for two years from the date of issuance.
(d) A license issued to a temporary out-of-state appraiser is valid for the period determined by the Board, not to exceed six months.
(e) A license is not renewed until the renewal has been issued by the Board.
Source Note: The provisions of this §153.10 adopted to be effective March 1, 1997, 22 TexReg 1717; amended to be effective November 17, 1999, 24 TexReg 10090; amended to be effective April 1, 2001, 26 TexReg 2163; amended to be effective September 20, 2010, 35 TexReg 8496; amended to be effective November 1, 2011, 36 TexReg 7316; amended to be effective September 7, 2014, 39 TexReg 6857

RULE §153.11    Examinations
(a) Each examination shall be consistent with the examination criteria and examination content outline of the AQB for the category of license sought. To become licensed, an applicant must achieve a passing score acceptable to the AQB on the examination.
(b) The examination fee must be paid each time the examination is taken.
(c) Examinations shall be administered at locations designated by the Board. An applicant who is registered for an examination and fails to attend shall forfeit the examination fee.
(d) Applicants must present the following documents to the examination proctor to be admitted to the examination:
  (1) exam registration paperwork as required by the testing service under contract with the Board; and
  (2) official photo-bearing personal identification.
(e) Applicants shall comply with all instructions from the Board, an examination proctor, or the testing service under contract with the Board. Examination proctors may:
  (1) refuse admittance to any applicant who cannot provide adequate identification;
  (2) refuse admittance to an applicant who reports for the examination after the time the examination is scheduled to begin;
  (3) refuse admittance to an applicant or dismiss an applicant from the examination if, in the proctor's opinion, the applicant's conduct or demeanor is a disruptive influence to other applicants;
  (4) assign a specific desk or seat to each applicant;
  (5) require an applicant to be re-seated during the course of an examination;
  (6) confiscate examination materials and dismiss an applicant from the examination for giving, receiving, or attempting to give or receive unauthorized assistance or answers to examination questions.
(f) No credit will be given to applicants who are dismissed from an examination, and dismissal may result in denial of an application.
(g) Examinees may use slide rules or silent, battery-operated, electronic, hand-held calculators. If a calculator has printout capability, the use of the calculator must be approved by the examination proctor prior to the examination. No other electronic devices are permitted.
(h) Special examinations based on verified physical limitations or other good cause as determined by the Board may be arranged for individual applicants. Requests for special examinations will be handled individually and may require medical verification or confirmation.
(i) The Board, or the testing service under contract with the Board, may file theft charges against any person who removes or attempts to remove an examination or any portion thereof or any written material furnished with the examination whether by actual physical removal or by transcription.
(j) The Board may deny, suspend, or revoke a license for disclosing to another person the content of any portion of an examination.
(k) If the applicant has not satisfied all requirements, including passing the examination, within one year from the date the Board accepted an application for filing, the application is terminated and a new application is required.
(l) Successful completion of the examination is valid for a period of 24 months.
(m) An applicant who fails the examination three consecutive times may not apply for reexamination or submit a new license application unless the applicant submits evidence satisfactory to the Board that the applicant has completed 30 additional hours of core education after the date the applicant failed the examination for the third time.
(n) Examination by endorsement: An applicant for a license who has successfully passed an AQB approved competency examination, and is currently licensed in another jurisdiction and in good standing, will not be required to retake the examination for the same level of licensure to become licensed in Texas. The applicant shall provide appropriate documentation as required.
Source Note: The provisions of this §153.11 adopted to be effective March 2, 1992, 17 TexReg 1231; amended to be effective November 10, 1993, 18 TexReg 7542; amended to be effective March 1, 1997, 22 TexReg 1717; amended to be effective January 1, 2006, 30 TexReg 8689; amended to be effective December 31, 2007, 32 TexReg 9987; amended to be effective November 9, 2008, 33 TexReg 8943; amended to be effective September 20, 2010, 35 TexReg 8496; amended to be effective November 1, 2011, 36 TexReg 7316; amended to be effective March 18, 2014, 39 TexReg 1929; amended to be effective September 7, 2014, 39 TexReg 6857

RULE §153.11    Examinations
(a) Each examination shall be consistent with the examination criteria and examination content outline of the AQB for the category of license sought. To become licensed, an applicant must achieve a passing score acceptable to the AQB on the examination.
(b) The examination fee must be paid each time the examination is taken.
(c) Examinations shall be administered at locations designated by the Board. An applicant who is registered for an examination and fails to attend shall forfeit the examination fee.
(d) Applicants must present the following documents to the examination proctor to be admitted to the examination:
  (1) exam registration paperwork as required by the testing service under contract with the Board; and
  (2) official photo-bearing personal identification.
(e) Applicants shall comply with all instructions from the Board, an examination proctor, or the testing service under contract with the Board. Examination proctors may:
  (1) refuse admittance to any applicant who cannot provide adequate identification;
  (2) refuse admittance to an applicant who reports for the examination after the time the examination is scheduled to begin;
  (3) refuse admittance to an applicant or dismiss an applicant from the examination if, in the proctor's opinion, the applicant's conduct or demeanor is a disruptive influence to other applicants;
  (4) assign a specific desk or seat to each applicant;
  (5) require an applicant to be re-seated during the course of an examination;
  (6) confiscate examination materials and dismiss an applicant from the examination for giving, receiving, or attempting to give or receive unauthorized assistance or answers to examination questions.
(f) No credit will be given to applicants who are dismissed from an examination, and dismissal may result in denial of an application.
(g) Examinees may use slide rules or silent, battery-operated, electronic, hand-held calculators. If a calculator has printout capability, the use of the calculator must be approved by the examination proctor prior to the examination. No other electronic devices are permitted.
(h) Special examinations based on verified physical limitations or other good cause as determined by the Board may be arranged for individual applicants. Requests for special examinations will be handled individually and may require medical verification or confirmation.
(i) The Board, or the testing service under contract with the Board, may file theft charges against any person who removes or attempts to remove an examination or any portion thereof or any written material furnished with the examination whether by actual physical removal or by transcription.
(j) The Board may deny, suspend, or revoke a license for disclosing to another person the content of any portion of an examination.
(k) If the applicant has not satisfied all requirements, including passing the examination, within one year from the date the Board accepted an application for filing, the application is terminated and a new application is required.
(l) Successful completion of the examination is valid for a period of 24 months.
(m) An applicant who fails the examination three consecutive times may not apply for reexamination or submit a new license application unless the applicant submits evidence satisfactory to the Board that the applicant has completed 30 additional hours of core education after the date the applicant failed the examination for the third time.
(n) Examination by endorsement: An applicant for a license who has successfully passed an AQB approved competency examination, and is currently licensed in another jurisdiction and in good standing, will not be required to retake the examination for the same level of licensure to become licensed in Texas. The applicant shall provide appropriate documentation as required.
Source Note: The provisions of this §153.11 adopted to be effective March 2, 1992, 17 TexReg 1231; amended to be effective November 10, 1993, 18 TexReg 7542; amended to be effective March 1, 1997, 22 TexReg 1717; amended to be effective January 1, 2006, 30 TexReg 8689; amended to be effective December 31, 2007, 32 TexReg 9987; amended to be effective November 9, 2008, 33 TexReg 8943; amended to be effective September 20, 2010, 35 TexReg 8496; amended to be effective November 1, 2011, 36 TexReg 7316; amended to be effective March 18, 2014, 39 TexReg 1929; amended to be effective September 7, 2014, 39 TexReg 6857

RULE §153.13    Education Required for Licensing
(a) Applicants for a license must meet all educational requirements set forth by the AQB.
(b) The Board may accept a course of study to satisfy educational requirements for licensing established by the Act or by this section if the Board has approved the course and determined it to be a course related to real estate appraisal.
(c) The Board will approve courses for licensing upon a determination of the Board that:
  (1) the subject matter of the course was appraisal related;
  (2) the course was offered by an accredited college or university, or the course was approved by the AQB under its course approval process as a qualifying education course;
  (3) the applicant obtained credit received in a classroom presentation the hours of instruction for which credit was given and successfully completed a final examination for course credit except as specified in subsection (i) of this section (relating to distance education); and
  (4) the course was at least 15 classroom hours in duration, including time devoted to examinations that are considered to be part of the course.
(d) The Board may require an applicant to furnish materials such as course outlines, syllabi, course descriptions or official transcripts to verify course content or credit.
(e) Course providers may obtain prior approval of a course by filing forms prescribed by the Board and submitting a letter indicating that the course has been approved by the AQB under its course approval process. Approval of a course based on AQB approval expires on the date the AQB approval expires and is automatically revoked upon revocation of the AQB approval.
(f) If the transcript reflects the actual hours of instruction the student received from an acceptable provider, the Board will accept classroom hour units of instruction as shown on the transcript or other document evidencing course credit. Fifteen classroom hours of credit may be awarded for one academic semester hour of credit.
(g) The Board may not accept courses repeated within three years of the original offering unless the subject matter has changed significantly.
(h) Distance education courses may be acceptable to meet the classroom hour requirement, or its equivalent, provided that the course is approved by the Board, that a minimum time equal to the number of hours of credit elapses from the date of course enrollment until its completion, and that the course meets the criteria listed in paragraph (1) or (2) of this subsection.
  (1) The course must have been presented by an accredited college or university that offers distance education programs in other disciplines; and
    (A) the person has successfully completed a written examination administered to the positively identified person at a location and proctored by an official approved by the college or university; and
    (B) the content and length of the course must meet the requirements for real estate appraisal related courses established by this chapter and by the requirements for qualifying education established by the AQB and is equivalent to a minimum of 15 classroom hours.
  (2) The course has received approval for academic credit or has been approved under the AQB Course Approval program; and
    (A) the person successfully completes a written examination proctored by an official approved by the presenting entity;
    (B) the course meets the requirements for qualifying education established by the AQB; and
    (C) is equivalent to a minimum of fifteen classroom hours.
(i) "In-house" education and training is not acceptable for meeting the educational requirements for licensure.
(j) To meet the USPAP educational requirements, a course must:
  (1) utilize the "National Uniform Standards of Professional Appraisal Practice (USPAP) Course" promulgated by the Appraisal Foundation, including the Student Manual and Instructor Manual; or
  (2) be an equivalent USPAP course as determined by the AQB that:
    (A) is devoted to the USPAP with a minimum of 15 classroom hours of instruction;
    (B) uses the current edition of the USPAP promulgated by the ASB; and
    (C) provides each student with his or her own permanent copy of the current edition of the USPAP promulgated by the ASB
(k) Unless authorized by law, neither current members of the Board nor those Board staff engaged in the approval of courses or educational qualifications of applicants or license holders shall be eligible to teach or guest lecture as part of an education course approved for licensing.
(l) If the Board determines that a course no longer complies with the requirements for approval, it may suspend or revoke the approval. Proceedings to suspend or revoke approval of a course shall be conducted in accordance with the Board's disciplinary provisions for licenses.
Source Note: The provisions of this §153.13 adopted to be effective March 2, 1992, 17 TexReg 1231; amended to be effective November 10, 1993, 18 TexReg 7542; amended to be effective January 1, 1994, 18 TexReg 9930; amended to be effective September 1, 1995, 20 TexReg 6202; amended to be effective March 1, 1997, 22 TexReg 1717; amended to be effective January 1, 1999, 23 TexReg 6443; amended to be effective November 17, 1999, 24 TexReg 10090; amended to be effective April 1, 2001, 26 TexReg 2163; amended to be effective January 1, 2006, 30 TexReg 8689; amended to be effective June 6, 2006, 31 TexReg4624; amended to be effective March 27, 2007, 32 TexReg 1747; amended to be effective December 27, 2010, 35 TexReg 11658; amended to be effective November 1, 2011, 36 TexReg 7316; amended to be effective September 7, 2014, 39 TexReg 6857

RULE §153.15    Experience Required for Licensing
(a) An applicant for a certified general real estate appraiser license must provide evidence satisfactory to the Board that the applicant possesses the equivalent of 3,000 hours of real estate appraisal experience over a minimum of 30 months. At least 1,500 hours of experience must be in non-residential real estate appraisal work. Hours may be treated as cumulative in order to achieve the necessary hours of appraisal experience.
(b) An applicant for a certified residential real estate appraiser license must provide evidence satisfactory to the Board that the applicant possesses the equivalent of 2,500 hours of real estate appraisal experience over a minimum of 24 months. Hours may be treated as cumulative in order to achieve the necessary hours of appraisal experience.
(c) An applicant for a state real estate appraiser license must provide evidence satisfactory to the Board that the applicant possesses at least 2,000 hours of real estate appraisal experience over a minimum of twelve months.
(d) Experience by endorsement: An applicant who is currently licensed and in good standing in a state that has not been disapproved by the ASC is deemed to satisfy the experience requirements for the same level of license in Texas. The applicant must provide appropriate documentation as required by the Board.
(e) The Board awards experience credit in accordance with current criteria established by the AQB and in accordance with the provisions of the Act specifically relating to experience requirements. An hour of experience means 60 minutes expended in one or more of the acceptable appraisal experience areas. Calculation of the hours of experience is based solely on actual hours of experience. Any one or any combination of the following categories may be acceptable for satisfying the applicable experience requirement. Experience credit may be awarded for:
  (1) Fee or staff appraisal when it is performed in accordance with Standards 1 and 2 and other provisions of the USPAP in effect at the time of the appraisal.
  (2) Ad valorem tax appraisal that:
    (A) conforms to USPAP Standard 6; and
    (B) demonstrates proficiency in appraisal principles, techniques, or skills used by appraisers practicing under USPAP Standard 1.
  (3) Condemnation appraisal.
  (4) Technical review appraisal to the extent that it demonstrates proficiency in appraisal principles, techniques, or skills used by appraisers practicing under USPAP Standard 1.
  (5) Appraisal analysis. A market analysis typically performed by a real estate broker or salesperson may be awarded experience credit when the analysis is prepared in conformity with USPAP Standards 1 and 2.
  (6) Real property appraisal consulting services, including market analysis, cash flow and/or investment analysis, highest and best use analysis, and feasibility analysis when it demonstrates proficiency in appraisal principles, techniques, or skills used by appraisers practicing under USPAP Standard 1 and performed in accordance with USPAP Standards 4 and 5.
(f) Experience credit may not be awarded for teaching appraisal courses.
(g) Experience claimed by an applicant must be submitted on an Appraisal Experience Log with an accompanying Appraisal Experience Affidavit.
  (1) In exceptional situations, the Board, at its discretion, may accept other evidence of experience claimed by the applicant.
  (2) If the Board determines just cause exists for requiring further information, the Board may obtain additional information by:
    (A) requiring the applicant to complete a form, approved by the Board, that includes detailed listings of appraisal experience showing, for each appraisal claimed by the applicant, the city or county where the appraisal was performed, the type and description of the building or property appraised, the approaches to value utilized in the appraisal, the actual number of hours expended on the appraisal, name of client, and other information determined to be appropriate by the Board; or
    (B) engaging in other investigative research determined to be appropriate by the Board.
  (3) The Board will require verification of acceptable experience of all applicants. Applicants have 60 days to provide all documentation requested by the Board. The verification may be obtained by:
    (A) requiring the applicant to complete a form, approved by the Board, that includes detailed listings of appraisal experience showing, for each appraisal claimed by the applicant, the city or county where the appraisal was performed, the type and description of the building or property appraised, the approaches to value utilized in the appraisal, the actual number of hours expended on the appraisal, name of client, and other information determined to be appropriate by the Board;
    (B) requesting copies of appraisals and all supporting documentation, including the workfiles; and
    (C) engaging in other investigative research determined to be appropriate by the Board.
  (4) Failure to comply with a request for verification of experience, or submission of experience that is found not to comply with the requirements for experience credit, is a violation of these rules and may result in denial of a license application, and any disciplinary action up to and including revocation.
(h) An applicant may be granted experience credit only for real property appraisals that:
  (1) comply with the USPAP edition in effect at the time of the appraisal;
  (2) are verifiable and supported by workfiles in which the applicant is identified as participating in the appraisal process;
  (3) were performed when the applicant had legal authority; and
  (4) comply with the acceptable categories of experience as per the AQB experience criteria and stated in subsection (e) of this section.
Source Note: The provisions of this §153.15 adopted to be effective March 2, 1992, 17 TexReg 1231; amended to be effective August 17, 1992, 17 TexReg 5455; amended to be effective November 10, 1993, 18 TexReg 7542; amended to be effective September 1, 1995, 20 TexReg 6202; amended to be effective March 1, 1997, 22 TexReg 1717; amended to be effective November 17, 1999, 24 TexReg 10090; amended to be effective April 1, 2001, 26 TexReg 2163; amended to be effective January 1, 2003, 27 TexReg 11147; amended to be effective March 9, 2006, 31 TexReg 1650; amended to be effective August 28, 2007, 32 TexReg5368; amended to be effective December 27, 2010, 35 TexReg 11658; amended to be effective December 22, 2013, 38 TexReg 9048; amended to be effective September 7, 2014, 39 TexReg 6857

RULE §153.16    License Reinstatement
(a) This section applies only to a person who:
  (1) previously held an appraiser license issued by the Board that has expired; and
  (2) seeks to obtain the same level of appraiser license previously held by the person before its expiration.
(b) A person described in subsection (a) may apply to reinstate the person's former license by:
  (1) submitting an application for reinstatement on a form approved by the Board;
  (2) paying the applicable fee;
  (3) satisfying the Board as to the person's honesty, trustworthiness and integrity; and
  (4) satisfying the experience requirements in this section.
(c) Applicants for reinstatement under this section must demonstrate completion of 14 hours of appraiser continuing education for each year since the last renewal of the person's previous license.
(d) Applicants for reinstatement must demonstrate that their appraisal experience complies with USPAP as follows:
  (1) Persons who have work files/license expired less than 5 years. A person described in subsection (a) who has appraisal work files and whose previous license has been expired less than five years may apply to reinstate the person's previous license by submitting an experience log as follows:
    (A) For reinstatement as a licensed residential appraiser, a minimum of 10 residential appraisal reports representing at least 200 hours of residential real estate appraisal experience.
    (B) For reinstatement as a certified residential real estate appraiser, a minimum of 10 residential appraisal reports representing at least 250 hours of residential real estate appraisal experience.
    (C) For reinstatement as a certified general appraiser, a minimum of 10 non-residential appraisal reports representing at least 300 hours of non-residential real estate appraisal experience.
  (2) Persons who do not have work files/license expired more than 5 years.
    (A) A person described in subsection (a) who does not have appraisal work files or whose previous license has been expired for more than five years may apply for a license as an appraiser trainee for the purpose of acquiring the appraisal experience required under this subsection.
    (B) An appraiser trainee licensed under this section may apply for reinstatement at the same level of appraiser license that the applicant previously held, after the applicant completes the required number of appraisal reports or hours of real estate appraisal experience as follows:
      (i) For reinstatement as a licensed residential appraiser, the applicant must complete a minimum of 10 residential appraisal reports or 200 hours of residential real estate appraisal experience, whichever is more.
      (ii) For reinstatement as a certified residential appraiser, the applicant must complete a minimum of 10 residential appraisal reports or 250 hours of residential real estate appraisal experience, whichever is more.
      (iii) For reinstatement as a certified general appraiser, the applicant must complete a minimum of 10 non-residential appraisal reports or 300 hours of non-residential real estate appraisal experience, whichever is more.
    (C) Upon completion of the required number of appraisal reports or hours of real estate appraisal experience, the applicant must submit an experience log.
(e) Consistent with §153.15, the Board will evaluate each applicant's real estate appraisal experience for compliance with USPAP based on the submitted experience log.
(f) For those persons described in subsection (a) the Board may waive the following requirements:
  (1) Proof of qualifying education;
  (2) College education or degree requirement; and
  (3) Examination.
(g) Consistent with this chapter, upon review of the applicant's real estate appraisal experience, the Board may:
  (1) Reinstate the applicant's previous appraiser license;
  (2) Reinstate the applicant's previous appraiser license, contingent upon completion of additional education, experience or mentorship; or
  (3) Deny the application.
Source Note: The provisions of this §153.16 adopted to be effective January 1, 2016, 40 TexReg 8891

RULE §153.17    Renewal or Extension of License
(a) General Provisions.
  (1) The Board will send a renewal notice to the license holder at least 90 days prior to the expiration of the license. It is the responsibility of the license holder to apply for renewal in accordance with this chapter, and failure to receive a renewal notice from the Board does not relieve the license holder of the responsibility to timely apply for renewal.
  (2) A license holder renews the license by timely filing an application for renewal, paying the appropriate fees to the Board, and satisfying all applicable education and experience requirements.
  (3) An application for renewal or extension received by the Board is timely and acceptable for processing if it is:
    (A) complete;
    (B) accompanied with payment of proper fees; and
    (C) postmarked by the U.S. Postal Service, accepted by an overnight delivery service, or accepted by the Board's online processing system on or before the date of expiration.
(b) Certified General, Certified Residential and Licensed Residential Appraisers.
  (1) A license holder may renew the license by timely filing an application for renewal, paying the appropriate fees to the Board and, unless renewing on inactive status, satisfying ACE requirements.
  (2) In order to renew on active status, the license holder must complete the ACE report form approved by the Board and, within 20 days of filing the renewal, submit course completion certificates for each course that was not already submitted by the provider and reflected in the license holder's electronic license record.
    (A) The Board may request additional verification of ACE submitted in connection with a renewal. If requested, such documentation must be provided within 20 days after the date of request.
    (B) Knowingly or intentionally furnishing false or misleading ACE information in connection with a renewal is grounds for disciplinary action up to and including license revocation.
  (3) The Board may grant, at the time it issues a license renewal, an extension of time of up to 60 days after the expiration date of the previous license to complete ACE required to renew a license, subject to the following:
    (A) The license holder must:
      (i) timely submit the completed renewal form with the appropriate renewal fees;
      (ii) complete an extension request form; and
      (iii) pay an extension fee of $200.
    (B) ACE courses completed during the 60-day extension period apply only to the current renewal and may not be applied to any subsequent renewal of the license.
    (C) A person whose license was renewed with a 60-day ACE extension:
      (i) will not perform appraisals in a federally related transaction until verification is received by the Board that the ACE requirements have been met;
      (ii) may continue to perform appraisals in non-federally related transactions under the renewed license;
      (iii) must, within 60 days after the date of expiration of the previous license, complete the approved ACE report form and submit course completion certificates for each course that was not already submitted by the provider and reflected in the applicant's electronic license record; and
      (iv) will have the renewed license placed in inactive status if, within 60 days of the previous expiration date, ACE is not completed and reported in the manner indicated in paragraph (2) of this subsection. The renewed license will remain on inactive status until satisfactory evidence of meeting the ACE requirements has been received by the Board and the fee to return to active status required by §153.5 of this title (relating to Fees) has been paid.
(c) Appraiser Trainees.
  (1) Appraiser trainees must maintain an appraisal log and appraisal experience affidavits on forms approved by the Board, for the license period being renewed. It is the responsibility of both the appraiser trainee and the supervisory appraiser to ensure the appraisal log is accurate, complete and signed by both parties at least quarterly or upon change in supervisory appraiser. The appraiser trainee will promptly provide copies of the experience logs and affidavits to the Board upon request.
  (2) Appraiser trainees may not obtain an extension of time to complete required continuing education.
(d) Renewal of Licenses for Persons on Active Duty. A person who is on active duty in the United States armed forces may renew an expired license without being subject to any increase in fee imposed in his or her absence, or any additional education or experience requirements if the person:
  (1) did not provide appraisal services while on active duty;
  (2) provides a copy of official orders or other documentation acceptable to the Board showing the person was on active duty during the last renewal period;
  (3) applies for the renewal within two years after the person's active duty ends;
  (4) pays the renewal application fees in effect when the previous license expired; and
  (5) completes ACE requirements that would have been imposed for a timely renewal.
(e) Late Renewal. If an application is filed within six months of the expiration of a previous license, the applicant shall also provide satisfactory evidence of completion of any continuing education that would have been required for a timely renewal of the previous license.
Source Note: The provisions of this §153.17 adopted to be effective March 2, 1992, 17 TexReg 1231; amended to be effective October 1, 1992, 17 TexReg 6360; amended to be effective April 1, 1993, 18 TexReg 1680; amended to be effective November 10, 1993, 18 TexReg 7542; amended to be effective September 1, 1995, 20 TexReg 6202; amended to be effective March 1, 1997, 22 TexReg 1717; amended to be effective November 17, 1999, 24 TexReg 10090; amended to be effective April 1, 2001, 26 TexReg 2163; amended to be effective January 1, 2003, 27 TexReg 11147; amended to be effective October 16, 2003, 28 TexReg8943; amended to be effective March 27, 2007, 32 TexReg 1747; amended to be effective June 11, 2008, 33 TexReg 4502; amended to be effective December 27, 2010, 35 TexReg 11658; amended to be effective November 1, 2011, 36 TexReg 7316; amended to be effective December 4, 2012, 37 TexReg 9503; amended to be effective December 22, 2013, 38 TexReg 9049; amended to be effective September 7, 2014, 39 TexReg 6857; amended to be effective January 1, 2016, 40 TexReg 8892

RULE §153.18    Appraiser Continuing Education (ACE)
(a) The purpose of ACE is to ensure that license holders participate in programs that maintain and increase their skill, knowledge, and competency in real estate appraising.
(b) To renew a license, a license holder must successfully complete the equivalent of at least 28 classroom hours of ACE courses approved by the Board, including the 7-hour National USPAP Update course during the two-year period before a license expires. The courses must comply with the requirements set out in subsection (d) of this section.
(c) The Board will base its review and approval of ACE courses upon the appraiser qualifications criteria of the AQB.
(d) The following types of courses may be accepted for ACE:
  (1) A course that meets the requirements for licensing also may be accepted for ACE if:
    (A) The course is devoted to one or more of the appraisal related topics of the appraiser qualifications criteria of the AQB for continuing education;
    (B) the course was not repeated within a three year period; and
    (C) the course is at least two hours in length.
  (2) The Board will accept as ACE any continuing education course that has been approved by the AQB course approval process or by another state appraiser licensing and certification board.
    (A) Course providers may obtain prior approval of ACE courses by filing forms approved by the Board and submitting a letter indicating that the course has been approved by the AQB under its course approval process or by another state appraiser licensing and certification board.
    (B) Approval of a course based on AQB approval expires on the date the AQB approval expires and is automatically revoked upon revocation of the AQB approval.
    (C) Approval of a course based on another state licensing and certification board shall expire on the earlier of the expiration date in the other state, if applicable, or two years from Board approval and is automatically revoked upon revocation of the other state board's approval.
  (3) Distance education courses may be accepted as ACE if:
    (A) The course is:
      (i) Approved by the Board;
      (ii) Presented by an accredited college or university that offers distance education programs in other disciplines; or
      (iii) Approved by the AQB under its course approval process; and
    (B) The student successfully completes a written examination proctored by an official approved by the presenting college, university, or sponsoring organization consistent with the requirements of the course accreditation; and
    (C) A minimum number of hours equal to the hours of course credit have elapsed between the time of course enrollment and completion.
(e) To satisfy the USPAP ACE requirement, a course must:
  (1) be the 7-hour National USPAP Update Course or its equivalent, as determined by the AQB;
  (2) use the current edition of the USPAP;
  (3) provide each student with his or her own permanent copy of the current USPAP; and
  (4) be taught by at least one instructor who is an AQB-certified USPAP instructor and also licensed as a certified general or certified residential appraiser.
(f) Providers of USPAP ACE courses may include up to one additional hour of supplemental Texa