reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 151 - GENERAL ADMINISTRATION › Section 151.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  have the following meanings, unless the context clearly indicates
				  otherwise.
(1) Agency--The Texas Real
				Estate Commission and the Texas Appraiser Licensing and Certification
				Board.
(2) Board--The Texas
				Appraiser Licensing and Certification Board.
(3) Chief Financial Officer--The Chief
				Financial Officer of the Texas Real Estate Commission.
(4) Commission--The Texas Real Estate
				Commission.
(5) Comptroller--The
				Comptroller of Public Accounts.
(6)
				DIR--The Department of Information Resources.
(7) Executive Director--The Executive
				Director of the Commission and the Board.
(8) TAC--The Texas Administrative
				Code.
(9) TFC--The Texas Facilities
				Commission.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 151 - GENERAL ADMINISTRATION › Section 151.2 - Charges for Copies of Public Information

Current through Reg. 49, No. 28; July 12, 2024
The Board adopts by reference the rules promulgated by the
				  Commission regarding Charges for Copies of Public Information as set forth in
				  22 TAC §
									534.2.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 151 - GENERAL ADMINISTRATION › Section 151.3 - Employee Training and Education

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board may
				provide training and education for its employees in accordance with Subchapter
				C, Chapter
				656, Texas Government
				Code.
(b) The Board may spend
				public funds as appropriate to pay the costs associated with employee training,
				including, but not limited to, salary, tuition and other fees, travel, and
				living expenses, training stipend, expense of training materials, and other
				necessary expenses of an instructor, student, or other participant in a
				training or education program.
(c)
				The Executive Director shall adopt policies related to training for Board
				employees, including eligibility and obligations assumed upon
				completion.
(d) Before an employee
				may receive reimbursement of tuition expenses for successful completion of a
				training or education program offered by an accredited institution of higher
				education, the Executive Director must pre-approve the program and authorize
				the tuition reimbursement payment.
(e) Approval to participate in any portion of
				the Board's training and education program does not affect an employee's
				at-will status.
(f) Participation
				in the training and education program does not constitute a guarantee or
				indication of continued employment, nor does it constitute a guarantee or
				indication of future employment in a current or prospective position.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 151 - GENERAL ADMINISTRATION › Section 151.4 - Historically Underutilized Businesses Program

Current through Reg. 49, No. 28; July 12, 2024
To comply with Texas Government Code §
									2161.003, the Board
				  adopts by reference the rules of the Comptroller of Public Accounts in 34 TAC
				  Part 1, Chapter 20, Subchapter D, Division 1 (relating to the Historically
				  Underutilized Businesses).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 151 - GENERAL ADMINISTRATION › Section 151.5 - Bid Opening and Tabulation

Current through Reg. 49, No. 28; July 12, 2024
To comply with Texas Government Code, §
									2156.005(d),
				  the Board adopts by reference the rules of the Texas Comptroller of Public
				  Accounts in 34 TAC §
									20.207 (relating to Competitive
				  Sealed Bidding).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 151 - GENERAL ADMINISTRATION › Section 151.6 - Negotiation and Mediation of Certain Contract Disputes

Current through Reg. 49, No. 28; July 12, 2024
To comply with Texas Government Code, §
									2260.052(c),
				  the Board adopts by reference the rules of the Office of the Attorney General
				  in 1 TAC Part 3, Chapter 68 (relating to Negotiation and Mediation of Certain
				  Contract Disputes). The rules set forth a process to permit parties to
				  structure a negotiation or mediation in a manner that is most appropriate for a
				  particular dispute regardless of the contract's complexity, subject matter,
				  dollar amount, or method and time of performance.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 151 - GENERAL ADMINISTRATION › Section 151.7 - Vendor Protest Procedures

Current through Reg. 49, No. 28; July 12, 2024
The Board adopts by reference the rules promulgated by the
				  Commission regarding Vendor Protest Procedures as set forth in 22 TAC §
									534.7.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 153 - RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT › Section 153.3 - The Board

Current through Reg. 49, No. 28; July 12, 2024
(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.
(d) Public Comments at
				Regular Board Meetings.
(1) A member of the
				public may comment for up to three minutes on any agenda item or non-agenda
				item at a regular quarterly Board meeting.
(2) The Chair of the Board may extend the
				time for public comments at the Chair's discretion.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 153 - RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT › Section 153.5 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board shall charge and the Executive
				Director shall collect the following fees:
(1) Effective January 1, 2022:
(A) a fee of $560 for an application,
				reinstatement, or timely renewal of a certified general appraiser
				license;
(B) a fee of $460 for an
				application, reinstatement, or timely renewal of a certified residential
				appraiser license;
(C) a fee of
				$400 for an application, reinstatement, or timely renewal of a licensed
				residential appraiser license; and
(D) a fee of $250 for an application,
				reinstatement, or timely renewal of an appraiser trainee
				license;
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 153 - RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT › Section 153.6 - Military Service Member, Veteran, or Military Spouse Applications

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions.
(1) "Military service member" means a person
				who is on current full-time military service in the armed forces of the United
				States or active duty military service as a member of the Texas military
				forces, as defined by Section
				437.001, Government
				Code, or similar military service of another state.
(2) "Military spouse" means a person who is
				married to a military service member.
(3) "Veteran" means a person who has served
				as a military service member and who was discharged or released from active
				duty.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 153 - RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT › Section 153.8 - Scope of Practice

Current through Reg. 49, No. 28; July 12, 2024
(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 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.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 153 - RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT › Section 153.9 - Applications

Current through Reg. 49, No. 28; July 12, 2024
(a) A person
				desiring to be licensed as an appraiser or appraiser trainee 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) submitted a
				complete and legible set of fingerprints as required in §
										153.12 of this title (relating to
				Criminal History Checks);
(3)
				satisfied any experience and education requirements established by the Act,
				Board rules, and the AQB;
(4)
				successfully completed any qualifying examination prescribed by the
				Board;
(5) provided all supporting
				documentation or information requested by the Board in connection with the
				application;
(6) satisfied all
				unresolved enforcement matters and requirements with the Board; and
(7) met any additional or superseding
				requirements established by the Appraisal Qualifications
				Board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 153 - RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT › Section 153.10 - Issuance of Certification, License, or Trainee Approval

Current through Reg. 49, No. 28; July 12, 2024
(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 six months from the date of issuance,
				unless otherwise determined by the Board.
(e) A license is not renewed until the
				renewal has been issued by the Board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 153 - RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT › Section 153.11 - Examinations

Current through Reg. 49, No. 28; July 12, 2024
(a) Administration of Licensing Examinations.
(1) An examination required for any license
				issued by the Board will be conducted by the testing service with which the
				Board has contracted for the administration of examinations.
(A) The testing service shall schedule and
				conduct the examinations in the manner required by the contract between the
				Board and the testing service.
(B)
				Examinations shall be administered at locations designated by the exam
				administrator.
(C) The testing
				service administering the examinations is required to provide reasonable
				accommodations for any applicant with a verifiable disability. Applicants must
				contact the testing service to arrange an accommodation. The testing service
				shall determine the method of accommodation based on the particular
				circumstances of each case.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 153 - RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT › Section 153.12 - Criminal History Checks

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant or
				license holder applying for or renewing a license issued by the Board must
				submit a complete and legible set of fingerprints, in a manner approved by the
				Board, to the Board, the Texas Real Estate Commission, the Texas Department of
				Public Safety, or other authorized entity for the purpose of obtaining criminal
				history record information from the Texas Department of Public Safety and the
				Federal Bureau of Investigation.
(b) The Board will conduct a criminal history
				check of each applicant for a license or renewal of a license.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 153 - RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT › Section 153.13 - Education Required for Licensing

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Applicants for a license must meet all educational requirements established 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.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 153 - RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT › Section 153.15 - Experience Required for Licensing

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicants for
				a license must meet all experience requirements established by the
				AQB.
(b) 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. Hours may be
				treated as cumulative in order to achieve the necessary hours of appraisal
				experience. Any one or a combination of the following categories may be
				acceptable for satisfying the applicable experience requirement:
(1) An appraisal or appraisal analysis when
				performed in accordance with Standards 1 and 2 and other provisions of the
				USPAP edition in effect at the time of the appraisal or appraisal
				analysis.
(2) Mass appraisal,
				including ad valorem tax appraisal that:
(A)
				conforms to USPAP Standards 5 and 6; and
(B) demonstrates proficiency in appraisal
				principles, techniques, or skills used by appraisers practicing under USPAP
				Standard 1.
(3) Appraisal
				review that:
(A) conforms to USPAP Standards
				3 and 4; and
(B) demonstrates
				proficiency in appraisal principles, techniques, or skills used by appraisers
				practicing under USPAP Standard 1.
(4) 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 Standards 1 and 2 and using appropriate methods and techniques applicable
				to appraisal consulting.
(5)
				"Practical Applications of Real Estate Appraisal" (PAREA) programs approved by
				the AQB.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 153 - RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT › Section 153.16 - License Reinstatement

Current through Reg. 49, No. 28; July 12, 2024
(a) This section
				applies only to a person who:
(1) previously
				held a residential appraiser license or certification or general appraiser
				certification issued by the Board that has been expired for more than six
				months; and
(2) seeks to obtain the
				same level of appraiser license previously held by the person before its
				expiration.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 153 - RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT › Section 153.17 - License Renewal

Current through Reg. 49, No. 28; July 12, 2024
(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,
				experience, fingerprint and criminal history check requirements.
(3) An application for renewal received by
				the Board is timely and acceptable for processing if it is:
(A) complete;
(B) accompanied with payment of the required
				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.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 153 - RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT › Section 153.18 - Appraiser Continuing Education (ACE)

Current through Reg. 49, No. 28; July 12, 2024
(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 license holder's continuing education
				cycle. An ACE course may not be repeated during the license holder's continuing
				education cycle.
(c) Awarding ACE
				credit. The Board will award credit to a license holder for an ACE course
				approved by the Board upon receipt of a course completion roster from an
				approved ACE provider as required under §
									153.40
				of this title (relating to Approval of Continuing Education Providers and
				Courses).
(d) Continuing education
				credit for qualifying courses. License holders may receive continuing education
				credit for qualifying courses that have been approved by the Board, the AQB or
				another state appraiser regulatory agency.
(e) Continuing education credit for courses
				taken outside of Texas. An ACE course taken by a Texas license holder outside
				of Texas may be accepted on an individual basis for continuing education credit
				in Texas upon the Board's determination that:
(1) the ACE course was approved for
				continuing education credit by the AQB or another state appraiser regulatory
				agency at the time the course was taken;
(2) the Texas license holder's successful
				completion of the course has been evidenced by:
(A) a course completion certificate;
(B) a letter from the provider; or
(C) such other proof as is
				satisfactory to the Board; and
(3) the Texas license holder has filed an Out
				of State Course Credit Request form with the Board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 153 - RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT › Section 153.19 - Licensing for Persons with Criminal History and Fitness Determination

Current through Reg. 49, No. 28; July 12, 2024
(a) No currently incarcerated individual is
				eligible to obtain or renew a license. A person's license will be revoked upon
				the person's incarceration following a felony conviction, felony probation
				revocation, revocation of parole, or revocation of mandatory
				suspension.
(b) The Board may
				suspend or revoke an existing valid license, disqualify an individual from
				receiving a license, deny to a person the opportunity to be examined for a
				license or deny any application for a license, if the person has been convicted
				of a felony, had their felony probation revoked, had their parole revoked, or
				had their mandatory supervision revoked. Any such action may be taken after
				consideration of the required factors in Chapter 53, Occupations Code and this
				section.
(c) A license holder must
				conduct himself or herself with honesty, integrity, and trustworthiness. After
				considering the required factors in Chapter 53, Occupations Code, the Board
				determines that a conviction or deferred adjudication deemed a conviction under
				Chapter 53, Occupations Code, of the following crimes to be directly related to
				the duties and responsibilities of a certified general or certified residential
				appraiser, a licensed appraiser or appraiser trainee:
(1) offenses involving fraud or
				misrepresentation;
(2) offenses
				against real or personal property belonging to another;
(3) offenses against public administration,
				including tampering with a government record, witness tampering, perjury,
				bribery, and corruption;
(4)
				offenses involving the sale or other disposition of real or personal property
				belonging to another without authorization of law; and
(5) offenses of attempting or conspiring to
				commit any of the foregoing offenses.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 153 - RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT › Section 153.21 - Appraiser Trainee and Supervisory Appraisers

Current through Reg. 49, No. 28; July 12, 2024
(a) Supervision of
				appraiser trainees required.
(1) An appraiser
				trainee may perform appraisals or appraiser services only under the active,
				personal and diligent direction and supervision of a supervisory
				appraiser.
(2) An appraiser trainee
				may be supervised by more than one supervisory appraiser.
(3) Number of Appraiser Trainees Supervised.
(A) Supervisory appraisers may supervise no
				more than three appraiser trainees at one time unless the requirements in
				subsection (a)(3)(B) of this section, are met;
(B) Supervisory appraisers may supervise up
				to five appraiser trainees at one time if:
(i)
				the supervisory appraiser has been licensed as a certified appraiser for more
				than five years;
(ii) the
				supervisory appraiser submits an application and a trainee supervision plan
				subject to approval by the Board. The supervision plan must include the
				supervisory appraiser's plan for progress monitoring of the trainees and detail
				how the supervisor intends to ensure active, personal, and diligent supervision
				of each trainee; and
(iii) the
				supervisory appraiser shall prepare and maintain regular trainee progress
				reports and make them available to the Board upon request until the trainee
				becomes certified or licensed or after two years have lapsed since supervising
				the trainee.
(4) A supervisory appraiser may be added
				during the term of an appraiser trainee's license if:
(A) The supervisory appraiser and appraiser
				trainee have provided proof to the Board of completion of an approved Appraiser
				Trainee/Supervisory Appraiser course;
(B) an application to supervise has been
				received and approved by the Board; and
(C) the applicable fee has been
				paid.
(5) A licensed
				appraiser trainee who signs an appraisal report must include his or her license
				number and the word "Trainee" as part of the appraiser trainee's signature in
				the report.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 153 - RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT › Section 153.22 - Voluntary Appraiser Experience Reviews

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Before applying for a license, a person may submit up to two requests for the
				Board to review the appraiser trainee's work product.
(b) A person may submit an application to the
				Board for review of his or her work product after:
(1) accumulating between thirty to fifty
				percent of the hours of appraisal experience required by the AQB for category
				of appraiser license the person will be applying for;
(2) accumulating between sixty to eighty
				percent of the hours of appraisal experience required by the AQB for category
				of appraiser license the person will be applying for; or
(3) both.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 153 - RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT › Section 153.23 - Inactive Status

Current through Reg. 49, No. 28; July 12, 2024
(a) A license
				holder may request to be placed on inactive status by filing a request for
				inactive status on a form approved by the Board.
(b) A license holder whose license has
				expired may renew on inactive status within six months after the license
				expiration date by:
(1) filing an application
				for renewal on a form approved by the Board;
(2) indicating on the application that the
				license holder wishes to renew on inactive status;
(3) paying the required late renewal fees;
				and
(4) satisfying the fingerprint
				and criminal history check requirements in §
										153.12 of
				this title.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 153 - RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT › Section 153.24 - Complaint Processing

Current through Reg. 49, No. 28; July 12, 2024
(a) Receipt of a
				Complaint Intake Form by the Board does not constitute the filing of a formal
				complaint by the Board against the individual named on the Complaint Intake
				Form. Upon receipt of a signed Complaint Intake Form, staff shall:
(1) assign the complaint a case number in the
				complaint tracking system; and
(2)
				send written acknowledgement of receipt to the Complainant.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 153 - RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT › Section 153.25 - Temporary Out-of-State Appraiser License

Current through Reg. 49, No. 28; July 12, 2024
(a) A person licensed as an appraiser by
				another state, commonwealth, or territory may register with the Board so as to
				qualify to appraise real property in this state without holding a license
				issued under the Act if:
(1) the state,
				commonwealth or territory licensing program under which the person holds a
				license has not been disapproved by the ASC; and
(2) the appraiser's business in this state is
				of a temporary nature not to exceed six months.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 153 - RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT › Section 153.26 - Identity Theft

Current through Reg. 49, No. 28; July 12, 2024
(a) For purposes of
				this section, "identity theft" shall mean any of the following activities
				occurring in connection with the rendition of real estate appraisal services:
(1) Unlawfully obtaining, possessing,
				transferring or using a license issued by the Board; and/or
(2) Unlawfully obtaining, possessing,
				transferring or using a person's electronic or handwritten signature.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 153 - RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT › Section 153.27 - License by Reciprocity

Current through Reg. 49, No. 28; July 12, 2024
(a) A person
				who is licensed as an appraiser under the laws of a state whose appraiser
				program has not been disapproved by the ASC may apply for a Texas license at
				that same level by completing and submitting to the Board the application for
				license by reciprocity and paying the required fee to the Board.
(b) The Board shall verify that the
				applicant's license is valid and in good standing by checking the National
				Appraiser Registry. A reciprocal license may not be issued without the
				verification required by this subsection.
(c) Renewal of a license granted through
				reciprocity shall be in the same manner, and with the same requirements, term,
				and fees, as for the same classification of license as provided in §
									153.17
				of this title.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 153 - RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT › Section 153.28 - Peer Investigative Committee Review

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board Chair, with the advice and
				consent of the Executive Committee, may appoint a Peer Investigative Committee
				pool at least every two years.
(b)
				A panel of the Peer Investigative Committee shall consist of:
(1) an Appraiser Board Member;
(2) a Board Member who is a licensed or
				certified appraiser; and
(3) a
				TALCB Investigator.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 153 - RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT › Section 153.33 - Signature or Endorsement of Appraisal

Current through Reg. 49, No. 28; July 12, 2024
A license holder who signs an appraisal report is responsible
				  for the content of the entire appraisal report.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 153 - RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT › Section 153.37 - Criminal Matters Referred to Law Enforcement

Current through Reg. 49, No. 28; July 12, 2024
Matters that are referred to the appropriate state or federal
				  law enforcement agency for criminal investigation and prosecution shall also be
				  fully and appropriately investigated by the Board's investigators, and the
				  Board shall take appropriate disciplinary action.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 153 - RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT › Section 153.40 - Approval of Continuing Education Providers and Courses

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions. The following words and
				terms shall have the following meanings in this section, unless the context
				clearly indicates otherwise.
(1) Applicant--A
				person seeking accreditation or approval to be an appraiser continuing
				education (ACE) provider.
(2) ACE
				course--Any education course for which continuing education credit may be
				granted by the Board to a license holder.
(3) ACE provider--Any person approved by the
				Board; or specifically exempt by the Act, Chapter 1103, Texas Occupation Code,
				or Board rule; that offers a course for which continuing education credit may
				be granted by the Board to a license holder.
(4) Distance education course--A course
				offered in accordance with AQB criteria in which the instructor and students
				are geographically separated as defined by the AQB. Distance education includes
				synchronous delivery, when the instructor and student interact simultaneously
				online; asynchronous delivery, when the instructor and student interaction is
				non-simultaneous; and hybrid or blended course delivery that allows for both
				in-person and online interaction, either synchronous or asynchronous.
(5) Severe weather--weather conditions,
				including but not limited to severe thunderstorms, tornados, hurricanes, snow
				and ice, that pose risks to life or property and require intervention by
				government authorities and office or school closures.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 153 - RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT › Section 153.41 - ACE Providers: Compliance and Enforcement

Current through Reg. 49, No. 28; July 12, 2024
(a) Audits.
Board staff may:
(1)
				conduct on-site audits without prior notice to a provider; and
(2) enroll and attend a course without
				identifying themselves as employees of the Board for purposes of auditing a
				course.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 153 - RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT › Section 153.241 - Sanctions Guidelines

Current through Reg. 49, No. 28; July 12, 2024
In determining the proper disposition of a formal complaint
				  pending as of or filed after the effective date of this rule, and subject to
				  the maximum penalties authorized under Texas Occupations Code §
									1103.552, staff, the
				  administrative law judge in a contested case hearing, and the Board shall
				  consider the following sanctions guidelines and list of non-exclusive factors
				  as demonstrated by the evidence in the record of a contested case
				  proceeding.
(1) For the purposes of
				these sanctions guidelines:
(A) A person will
				not be considered to have had a prior warning letter, contingent dismissal or
				discipline if that prior warning letter, contingent dismissal or discipline was
				issued by the Board more than seven years before the current alleged violation
				occurred;
(B) Prior discipline is
				defined as any sanction (including administrative penalty) received under a
				Board final or agreed order;
(C) A
				violation refers to a violation of any provision of the Act, Board rules or
				USPAP;
(D) "Minor deficiencies" is
				defined as violations of the Act, Board rules or USPAP which do not impact the
				credibility of the appraisal assignment results, the assignment results
				themselves and do not impact the license holder's honesty, integrity, or
				trustworthiness to the Board, the license holder's clients, or intended users
				of the appraisal service provided;
(E) "Serious deficiencies" is defined as
				violations of the Act, Board rules or USPAP that:
(i) impact the credibility of the appraisal
				assignment results, the assignment results themselves or do impact the license
				holder's honesty, trustworthiness or integrity to the Board, the license
				holder's clients, or intended users of the appraisal service provided;
				or
(ii) are deficiencies done with
				knowledge, deliberate or willful disregard, or gross negligence that would
				otherwise be classified as "minor deficiencies";
(F) "Remedial measures" include, but are not
				limited to, training, mentorship, education, reexamination, or any combination
				thereof; and
(G) The terms of a
				contingent dismissal agreement will be in writing and agreed to by all parties.
				Staff may dismiss the complaint with a non-disciplinary warning upon written
				agreement that the Respondent will complete all remedial measures within the
				agreed-upon timeframe. If the Respondent fails to meet the deadlines in the
				agreement, the Respondent's license or certification will be automatically set
				to inactive status until the Respondent completes the remedial measures set
				forth in the agreement.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 155 - RULES RELATING TO STANDARDS OF PRACTICE › Section 155.1 - Standards of Practice

Current through Reg. 49, No. 28; July 12, 2024
An appraisal or appraisal practice performed by a person
				  subject to the Texas Appraiser Licensing and Certification Act must conform
				  with the "Uniform Standards of Professional Appraisal Practice" (USPAP) of the
				  Appraisal Foundation in effect at the time of the appraisal or appraisal
				  practice.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 155 - RULES RELATING TO STANDARDS OF PRACTICE › Section 155.2 - Work Relating to Property Tax Protests

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				preparation of a report or other work performed for an appraisal district or as
				part of any property tax consulting services on behalf of another person, that
				is used to develop, support, or protest an unequal appraisal under Chapter 41,
				Subchapter C or Chapter 42, Subchapter B of the Tax Code, is considered an
				appraisal or appraisal practice for the purposes of §
									155.1 of
				this chapter (relating to Standards of Practice) and must conform with Uniform
				Standards of Professional Appraisal Practice (USPAP), if the person preparing
				the report or other work presents it as the product of a person licensed,
				certified, registered, or approved under the Texas Appraiser Licensing and
				Certification Act.
(b) A person
				licensed, certified, registered, or approved under the Texas Appraiser
				Licensing and Certification Act who is also certified as a property tax
				professional under Chapter 1151 of the Occupations Code or as a property tax
				consultant under Chapter 1152 of the Occupations Code, must include the USPAP
				disclaimer set out in subsection (c) of this section whenever that person
				prepares a report or other work used to develop, support, or protest an unequal
				appraisal under Chapter 41, Subchapter C or Chapter 42, Subchapter B of the Tax
				Code, solely under the authority of a property tax professional or consultant
				certification.
(c) The USPAP
				disclaimer required under this section must:
(1) be located directly above the preparer's
				signature;
(2) be in at least
				10-point boldface type; and
(3)
				read as follows: USPAP DISCLAIMER: I AM LICENSED OR CERTIFIED AS A REAL
				PROPERTY APPRAISER AND A PROPERTY TAX PROFESSIONAL OR CONSULTANT. THIS REPORT
				WAS PREPARED IN MY CAPACITY AS A PROPERTY TAX PROFESSIONAL OR CONSULTANT AND
				MAY NOT COMPLY WITH THE REQUIREMENTS FOR DEVELOPMENT OF A REAL PROPERTY
				APPRAISAL CONTAINED IN THE UNIFORM STANDARDS OF PROFESSIONAL APPRAISAL PRACTICE
				(USPAP) OF THE APPRAISAL STANDARDS BOARD OF THE APPRAISAL FOUNDATION.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 155 - RULES RELATING TO STANDARDS OF PRACTICE › Section 155.3 - Certain Uses of Logo or Name Prohibited

Current through Reg. 49, No. 28; July 12, 2024
A license holder, certificate holder, registrant or provider
				  may not use all or part of the logo or name of the Board or another
				  governmental agency in a manner that implies that the person:
(1) is a governmental agency;
(2) is endorsed by the Board or other agency
				other than as a license holder, certificate holder, registrant, or provider;
				or
(3) holds a special status that
				the Board or other agency has not granted.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 157 - RULES RELATING TO PRACTICE AND PROCEDURE › Subchapter A - GENERAL PROVISIONS › Section 157.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
For the purposes of action against appraisers, appraiser
					 trainees, applicants for certification, licensure, or trainee approval, and
					 unlicensed persons performing appraisals, the definitions in §
										153.1 of
					 this title shall apply to this chapter. For the purposes of action against
					 appraisal management companies, applicants for registration, and unregistered
					 persons engaging in appraisal management services, the definitions in §
										159.1 of
					 this title shall apply to this chapter.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 157 - RULES RELATING TO PRACTICE AND PROCEDURE › Subchapter A - GENERAL PROVISIONS › Section 157.2 - Object of Rules

Current through Reg. 49, No. 28; July 12, 2024
The purpose of these rules is to provide for a simple and
					 efficient system of procedure before the board, to ensure uniform standards of
					 practice and procedure, public participation and notice of board actions, and a
					 fair and expeditious determination of causes. These rules shall be liberally
					 construed, with a view towards the purpose for which they were
					 adopted.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 157 - RULES RELATING TO PRACTICE AND PROCEDURE › Subchapter A - GENERAL PROVISIONS › Section 157.3 - Scope of Rules

Current through Reg. 49, No. 28; July 12, 2024
This chapter shall govern the procedure for the
					 institution, conduct and determination of all causes and proceedings before the
					 Board. This chapter shall not be construed so as to enlarge, diminish, modify
					 or alter the jurisdiction, powers or authority of the Board or the substantive
					 rights of any person.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 157 - RULES RELATING TO PRACTICE AND PROCEDURE › Subchapter A - GENERAL PROVISIONS › Section 157.4 - Computation of Time; Mailbox Rule

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Computation of Time. The following rules apply when computing any time period
				  specified in Chapters 153, 157 or 159, or in any statute that does not specify
				  a method of computing time:
(1) Exclude the
				  day of the event that triggers the time period;
(2) Count every day, including intermediate
				  Saturdays, Sundays, and legal holidays; and
(3) Include the last day of the period,
				  except if the last day of the period is a Saturday, Sunday, or legal holiday,
				  the period continues to run until the end of the next day that is not a
				  Saturday, Sunday, or legal holiday.
(4) If the Board is closed on the last day of
				  the period as computed under subsection (a)(3) of this section, then the time
				  period is extended to the first day the Board is open that is not a Saturday,
				  Sunday, or legal holiday.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 157 - RULES RELATING TO PRACTICE AND PROCEDURE › Subchapter A - GENERAL PROVISIONS › Section 157.5 - Conduct and Decorum

Current through Reg. 49, No. 28; July 12, 2024
Every party, witness, attorney or other representative
					 shall comport himself or herself in all proceedings with proper dignity,
					 courtesy and respect for the Board and all other parties. Disorderly conduct
					 will not be tolerated. Attorneys and other representatives of parties shall
					 observe and practice the standards of ethical behavior prescribed for
					 attorneys-at-law by the State Bar of Texas.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 157 - RULES RELATING TO PRACTICE AND PROCEDURE › Subchapter A - GENERAL PROVISIONS › Section 157.6 - Request for Advisory Opinions

Current through Reg. 49, No. 28; July 12, 2024
Upon written request and in accordance with the Texas Open
					 Meetings Act, the Board may issue advisory opinions. Such opinions are not
					 binding on the Board or on the person making the request, and may not be relied
					 upon as an official Board ruling. The Board shall maintain a record of each
					 advisory opinion, identifying the person to whom it was issued. The Board shall
					 review issued opinions on a periodic basis to determine whether they should be
					 withdrawn or superseded.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 157 - RULES RELATING TO PRACTICE AND PROCEDURE › Subchapter A - GENERAL PROVISIONS › Section 157.7 - Denial of a License, Renewal or Reinstatement; Adverse Action

Current through Reg. 49, No. 28; July 12, 2024
(a) Denial of a License, Renewal, or
				  Reinstatement.
(1) If the Board denies the
				  issuance, renewal or reinstatement of a license, the Board shall promptly give
				  written notice of denial to the applicant. If the applicant is supervised by
				  another license holder, the Board shall send a copy of the notice of denial to
				  the supervisory appraiser.
(2) The
				  notice of denial shall include:
(A) a
				  statement of the Board's action;
(B) a summary of the facts and laws on which
				  the action is based;
(C) a
				  statement of the right of the person to request a hearing; and
(D) the following language in capital letters
				  in boldface type: IF YOU FAIL TO REQUEST A HEARING IN WRITING WITHIN 30 DAYS,
				  THIS DETERMINATION WILL BECOME FINAL.
(3) If a person fails to request a hearing in
				  writing within 30 days of receiving the notice, the Board's determination will
				  become final.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 157 - RULES RELATING TO PRACTICE AND PROCEDURE › Subchapter A - GENERAL PROVISIONS › Section 157.8 - Order Modifications

Current through Reg. 49, No. 28; July 12, 2024
The Board will consider a modification of an existing
					 agreed or consent order at its next scheduled Board meeting if the license
					 holder or registrant:
(1) is in
				  compliance with the existing order at the time the request for modification is
				  submitted; and
(2) submits a
				  written request that sets out the specific modification requested and the
				  reason for the modification to the Board's general counsel on or before the
				  14th day prior to the next scheduled Board meeting. Submission of a request for
				  modification of an agreed or consent order to the Board does not relieve the
				  license holder or registrant of compliance obligations under the existing
				  order.