| (a) An individual desiring to be registered by the commission as an easement or right-of-way agent must file an application on form ERW 1-3 approved by the commission. If the applicant is a business, the applicant must file form ERW 2-3. All applicants must submit a fee of $80. The commission will not accept an application which has been submitted without the correct filing fees or which has been submitted in pencil. A person also may apply for registration by accessing the commission's Internet web site, entering the required information on the application form and paying the appropriate fee in accordance with the instructions provided at the site by the commission. If the person is an individual, the person must provide the commission with the person's photograph and signature prior to issuance of a registration certificate. The person may provide the photograph prior to the submission of an electronic application. If the applicant does not complete the application process as required by this subsection, the commission shall terminate the application. (b) After the commission has accepted an application for filing, the commission shall process the application and promptly issue a certificate of registration, request any information required to complete the registration, or advise the applicant that the application has been terminated or disapproved, as the case may be. (c) The commission shall assign a registration number to each registrant and shall provide each registrant with a certificate of registration. Each registration issued by the commission is valid until the last day of the month one year from the day the registration was issued. Each registrant shall display the certificate of registration issued by the commission in a prominent location in the registrant's place of business, as required by the Act, §1101.507. If the registrant maintains more than one place of business, the registrant shall display either the certificate or a copy of the certificate in each place of business. (d) The commission may terminate an application with written notice to the applicant for failure to submit information or documentation within 60 days after the commission makes written request for the information or documentation. (e) The commission may disapprove an application for registration with written notice to the applicant if the applicant has been convicted of a criminal offense which is grounds for disapproval of an application under §541.1 of this title (relating to Criminal Offense Guidelines) or the applicant has engaged in conduct prohibited by the Act. Provided a timely written request for a hearing is made by the applicant in accordance with the Act, §1101.364, an applicant whose application for registration has been disapproved is entitled to a hearing. The hearing on the application will be conducted in accordance with the provisions of the Act, §1101.364, and Chapter 533 of this title (relating to Practice and Procedure). |
| Source Note: The provisions of this §535.400 adopted to be effective December 1, 1997, 22 TexReg 11680; amended to be effective August 18, 1998, 23 TexReg 8438; amended to be effective January 1, 2001, 25 TexReg 11654; amended to be effective December 24, 2001, 26 TexReg 10596; amended to be effective August 31, 2004, 29 TexReg 8300; amended to be effective January 7, 2009, 34 TexReg 58; amended to be effective March 9, 2011, 36 TexReg 1563 |
