Title OC, Occupations Code

Sec. 1103.205. FULFILLMENT OF EXPERIENCE REQUIREMENTS. (a) This chapter does not limit the amount of time in which an applicant for a certificate or license is required to satisfy the experience requirements under this subchapter. (b) Repealed by Acts 2023, 88th Leg., R.S., Ch. 5…

Sec. 1103.206. VERIFICATION OF EDUCATION AND EXPERIENCE. (a) The board shall adopt a reliable method to verify the evidence of education submitted by an applicant for a certificate or license. (b) The board shall adopt a reliable method to verify the evidence of appraisal experie…

Sec. 1103.207. ADDITIONAL INFORMATION FROM CERTAIN APPLICANTS. (a) In addition to the information or documentation specified by this subchapter, the board may obtain other information or documentation from an applicant for a certificate or license under this chapter if the board …

Sec. 1103.209. RECIPROCAL CERTIFICATE OR LICENSE. (a) The board shall issue a reciprocal license or certificate to an applicant from another state if: (1) the appraiser licensing and certification program of the other state is in compliance with 12 U.S.C. Section 3331 et seq.; (2…

Sec. 1103.2091. PROBATIONARY CERTIFICATE OR LICENSE. (a) The board may issue a probationary certificate or license to an appraiser or an appraiser trainee, as applicable. (b) The board by rule shall adopt reasonable terms for issuing a probationary certificate or license. (c) A p…

Sec. 1103.210. DENIAL OF CERTIFICATE OR LICENSE. (a) The board shall immediately provide written notice to the applicant of the board's denial of a certificate or license under this chapter. (b) An appeal of the denial of a certificate or license is governed by Chapter 2001, Gove…

Sec. 1103.211. CERTIFICATE OR LICENSE RENEWAL; CONTINUING EDUCATION. (a) A certificate or license issued by the board expires on the second anniversary of the date of issuance. (b) A person may renew a certificate or license by: (1) paying the renewal fee; (2) providing evidence …

Sec. 1103.2111. LATE RENEWAL OF CERTIFICATE OR LICENSE. (a) A person whose certificate or license has been expired for 90 days or less may renew the certificate or license by paying to the board a fee equal to 1-1/2 times the required renewal fee. If a certificate or license has …

Sec. 1103.212. EXTENSION OF TIME TO COMPLETE REQUIRED CONTINUING EDUCATION. (a) The board by rule may establish procedures under which a person may obtain an extension of time to complete continuing education required to renew the person's certificate or license. (b) The board ma…

Sec. 1103.213. INACTIVE CERTIFICATE OR LICENSE. (a) The board may place on inactive status the certificate or license of a person who: (1) is not acting as an appraiser or an appraiser trainee; (2) is not acting as a supervisory appraiser of an appraiser trainee; and (3) submits …

Sec. 1103.214. DENIAL OF CERTIFICATE OR LICENSE RENEWAL. (a) The board may deny the renewal of a certificate or license issued under this chapter if the applicant is in violation of a board order. (b) The denial of a certificate or license renewal under this section is subject to…

Sec. 1103.251. EXAMINATION REQUIRED. (a) The board shall prescribe an appraiser examination. (b) The examination must be: (1) written; and (2) approved by the Appraiser Qualifications Board. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003. Amended by: Acts 2005…

Sec. 1103.252. TESTING SERVICE. (a) The board may contract with a testing service to administer the examination. (b) The board or the testing service may collect an examination fee from an applicant for a certificate or license. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, ef…

Sec. 1103.253. TIME AND PLACE OF EXAMINATION; NOTICE. The board or the testing service shall offer the examination at least once each month in Austin and at other locations and times as the board may determine or require. The board shall provide public notice of all examinations …

Sec. 1103.254. EXAMINATION APPLICATION. (a) An application to take the examination must be on a form prescribed by the board. (b) An application is active for one year beginning on the date the application is initially accepted. If an applicant does not pass the examination befor…

Sec. 1103.255. EXPERIENCE REQUIRED BEFORE TAKING EXAMINATION. An applicant for the examination must fulfill the applicable experience requirement for a certificate or license before taking the examination. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003. Amende…

Sec. 1103.256. MINIMUM PASSING GRADE REQUIRED. To pass the examination, an applicant for a certificate or license must achieve the minimum score required by the Appraiser Qualifications Board. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003. Amended by: Acts 20…

Sec. 1103.257. EXAMINATION RESULTS. (a) Not later than the 10th day after the date a person takes an examination, the board or the testing service shall notify the person of the examination results. (b) If notice of the examination results will be delayed for more than 10 days af…

Sec. 1103.258. REEXAMINATION. (a) An applicant who fails an examination may apply to retake the examination on payment of an additional examination fee. (b) An applicant who fails the examination three consecutive times may not apply for reexamination or submit a new license appl…

Sec. 1103.301. REGISTRATION REQUIRED. A person certified or licensed as a real estate appraiser by another state may appraise real property in this state without holding a certificate or license issued under this chapter if the person registers with the board under this subchapte…

Sec. 1103.302. REGISTRATION APPLICATION. A person may register with the board by: (1) completing a registration form prescribed by the board; (2) meeting the requirements established under this chapter; and (3) paying the required fee. Added by Acts 2001, 77th Leg., ch. 1421, Sec…

Sec. 1103.303. ELIGIBILITY REQUIREMENTS FOR REGISTRATION. A person is eligible to register with the board if: (1) the certification and licensing program under which the person is certified or licensed by another state has not been disapproved by the Appraisal Subcommittee; and (…

Sec. 1103.304. EXTENSION OF REGISTRATION. A person may obtain a 90-day extension of a temporary registration under this subchapter by completing an extension form approved by the board and paying any required fee. The board may grant only one extension for each temporary registra…

Sec. 1103.351. SUPERVISORY APPRAISER. (a) The board may authorize a certified appraiser under this chapter to supervise an appraiser trainee if the certified appraiser meets the requirements of the board consistent with applicable federal law. (b) An appraiser trainee may have mo…

Sec. 1103.352. APPLICATION FOR APPRAISER TRAINEE. An applicant for a license as an appraiser trainee and each supervisory appraiser of the applicant must apply to the board using the online application on the board's Internet website or on a form prescribed by the board. Added by…

Sec. 1103.353. ELIGIBILITY REQUIREMENTS FOR APPRAISER TRAINEE. To be eligible for a license as an appraiser trainee, an applicant must: (1) be at least 18 years of age; (2) be a citizen of the United States or a lawfully admitted alien; (3) satisfy the board as to the applicant's…

Sec. 1103.354. APPRAISER TRAINEE REPORTS. (a) An appraiser trainee licensed by the board may perform an appraisal under the direction of a supervisory appraiser. (b) The supervisory appraiser shall sign each report prepared by the appraiser trainee performing an appraisal under t…

Sec. 1103.355. DISCIPLINARY PROCEDURES FOR APPRAISER TRAINEES. (a) The board may reprimand an appraiser trainee or suspend or revoke an appraiser trainee's license to act as an appraiser trainee for a violation of this chapter or a rule adopted under this subchapter. (b) A discip…

Sec. 1103.356. RENEWAL OF APPRAISER TRAINEE LICENSE. A person may renew a license as an appraiser trainee by: (1) paying the renewal fee established by the board; (2) providing evidence satisfactory to the board of completion of any required continuing education; and (3) meeting …

Sec. 1103.401. USE OF INSIGNIA OR IDENTIFICATION. (a) A person may not use any title, designation, initials, or other insignia or identification that would mislead the public as to the person's credentials, qualifications, or competency to perform a certified appraisal service un…

Sec. 1103.402. SIGNATURE OR ENDORSEMENT ON APPRAISAL. (a) A person certified or licensed under this chapter may not sign or endorse an appraisal unless the appraisal is substantially produced by that person. (b) For purposes of this section, an appraisal is substantially produced…

Sec. 1103.403. CONTACT INFORMATION. (a) A certified or licensed appraiser who is a resident of this state shall maintain a fixed office in this state. (b) Not later than the 10th day after the date an appraiser changes the appraiser's mailing address, business address, business e…

Sec. 1103.404. BUSINESS RECORDS. A person who is certified or licensed under this chapter or who has applied for a certificate or license shall retain all business records relating to each appraisal performed by the person until at least the fifth anniversary of the date of the a…

Sec. 1103.405. PROFESSIONAL STANDARDS. (a) Except as provided by Subsection (b), a person who holds a certificate, license, or registration issued under this chapter shall comply with: (1) the most current edition of the Uniform Standards of Professional Appraisal Practice adopte…

Sec. 1103.451. INITIATION OF COMPLAINT PROCESS. (a) Any person, including a member of the board, may initiate the complaint process under this subchapter by submitting to the board a written allegation of a violation of this chapter on a form prescribed by the board. (b) The boar…

Sec. 1103.452. REVIEW AND INVESTIGATION. (a) The board shall review and investigate an alleged act or omission that is the subject of an allegation submitted or a formal complaint filed under Section 1103.451. (b) An investigator designated by the executive director shall investi…

Sec. 1103.453. PEER INVESTIGATIVE COMMITTEE. (a) The presiding officer of the board, with the advice and consent of the executive committee, may appoint a peer investigative committee. (b) A peer investigative committee consists of two or more certified or licensed appraisers. Th…

Sec. 1103.454. GENERAL SUBPOENA AUTHORITY. (a) The board may request and, if necessary, compel by subpoena: (1) the attendance of witnesses for examination under oath; and (2) the production of records, documents, and other evidence relevant to the investigation of an alleged vio…

Sec. 1103.455. REPORT OF INVESTIGATION REQUIRED. (a) At the conclusion of the investigation of a complaint, the investigator shall prepare a written report to enable the board to determine what further action is necessary. (b) The report must contain: (1) statements of fact; (2) …

Sec. 1103.456. ACTION BASED ON REPORT. Based on the report prepared under Section 1103.455, the board may: (1) order further investigation of the complaint; (2) permit the appraiser or appraiser trainee who is the subject of the complaint to participate in a voluntary discussion …

Sec. 1103.458. CONSENT ORDER. (a) The board may negotiate a settlement and enter into a consent order with an appraiser or appraiser trainee who is the subject of a complaint under this subchapter. (b) Repealed by Acts 2005, 79th Leg., Ch. 704, Sec. 16, eff. September 1, 2005. (c…

Sec. 1103.459. CONSENT AGREEMENT. (a) The board may enter into a consent agreement as provided by this section rather than taking action against a violator of the rules of professional conduct adopted by the board. (b) Repealed by Acts 2005, 79th Leg., Ch. 704, Sec. 16, eff. Sept…

Sec. 1103.460. CONFIDENTIALITY OF INVESTIGATION MATERIAL. (a) Information or material, including any investigation file, is confidential and not subject to disclosure under Chapter 552, Government Code, or any other means of legal compulsion for release, including disclosure, dis…

Sec. 1103.501. APPLICABILITY OF ADMINISTRATIVE PROCEDURE LAW. Except as otherwise provided by this chapter, a proceeding under this chapter is subject to Chapter 2001, Government Code. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.

Sec. 1103.5011. NOTICE OF VIOLATION AND PENALTY. (a) The executive director may send an appraiser against whom a complaint has been filed a notice of violation including: (1) a summary of the alleged violation; (2) the recommended sanction, including the amount of any administrat…

Sec. 1103.5012. PENALTY TO BE PAID OR HEARING REQUESTED. If the person accepts the executive director's determination, or fails to respond in a timely manner to the notice, the board by order shall approve the determination and order payment of the recommended penalty, impose the…