(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 the required fee. 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).
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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; amended to be effective April 1, 2012, 37 TexReg 1909 |