Current through Reg. 49, No. 38; September 20, 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.
(c) Experience
credit may not be awarded for teaching appraisal courses.
(d) Public Information Act. All information
and documentation submitted to the Board in support of an application for
license or application to upgrade an existing license, including an applicant's
experience log, experience certification, copies of appraisals and work files,
may be subject to disclosure under the Public Information Act, Chapter
552, Texas Government
Code, unless an exception to disclosure applies.
(e) Applicants claiming experience credit
under subsection (b)(1) - (4) of this section must submit a Board-approved
Appraisal Experience Log that lists each appraisal assignment or other work for
which the applicant is seeking credit and an Appraisal Experience
Certification. The Experience Log must include:
(1) the full amount of experience hours
required for the license type sought, as required by the AQB;
(2) the required number of hours of
experience required for each property type as required by the AQB;
and
(3) the minimum length of time
over which the experience is claimed, as required by the
AQB.
(f) The Board may
grant experience credit for work listed on an applicant's Appraisal Experience
Log that:
(1) complies with the USPAP edition
in effect at the time of the appraisal;
(2) is verifiable and supported by:
(A) work files in which the applicant is
identified as participating in the appraisal process; or
(B) appraisal reports that:
(i) name the applicant in the certification
as providing significant real property appraisal assistance; or
(ii) the applicant has
signed;
(3) was
performed when the applicant had legal authority to do so; and
(4) complies with the acceptable categories
of experience established by the AQB and stated in subsection (b) of this
section.
(g) Consistent
with this chapter, upon review of the applicant's real estate appraisal
experience, the Board may grant a license or certification contingent upon
completion of additional education, experience or mentorship.
(h) Upon review of an applicant's Appraisal
Experience Log, the Board may, at its sole discretion, grant experience credit
for the hours shown on an applicant's log even if some work files have been
destroyed because of the 5-year records retention period in USPAP has
passed.
(i) The Board may grant
experience credit for applicants claiming experience credit under subsection
(b)(5) of this section that submit a valid certificate of completion from an
AQB approved PAREA program.
(j) The
Board may, at its sole discretion, accept evidence other than an applicant's
Appraisal Experience Log and Appraisal Experience Certification to demonstrate
experience claimed by an applicant.
(k) The Board must verify the experience
claimed by each applicant generally complies with USPAP.
(1) Verification may be obtained by:
(A) requesting copies of appraisals and all
supporting documentation, including the work files; and
(B) engaging in other investigative research
determined to be appropriate by the Board.
(2) If the Board requests documentation from
an applicant to verify experience claimed by an applicant, the applicant has 60
days to provide the requested documentation to the Board.
(A) In response to an initial request for
documentation to verify experience, an applicant must submit a copy of the
relevant appraisals, but is not required to submit the associated work files at
that time.
(B) If in the course of
reviewing the submitted appraisals, the Board determines additional
documentation is necessary to verify general compliance with USPAP, the Board
may make additional requests for supporting documentation.
(3) Experience involved in pending
litigation.
(A) The Board will not request
work files from an applicant to verify claimed experience if the appraisal
assignments are identified on the experience log submitted to the Board as
being involved in pending litigation.
(B) If all appraisal assignments listed on an
applicant's experience log are identified as being involved in pending
litigation, the Board may audit any of the appraisal assignments on the
applicant's experience log, regardless of litigation status, with the written
consent of the applicant and the applicant's supervisory
appraiser.
(4) Failure to
comply with a request for documentation to verify experience, or submission of
experience that is found not to comply with the requirements for experience
credit, may result in denial of a license application.
(5) A license holder who applies to upgrade
an existing license and submits experience that does not comply with USPAP may
also be subject to disciplinary action up to and including
revocation.
(l) Unless
prohibited by Tex. Occ. Code §1103.460, applicable confidentiality
statutes, privacy laws, or other legal requirements, or in matters involving
alleged fraud, Board staff shall use reasonable means to inform supervisory
appraisers of Board communications with their respective trainees.
