| (a) For the purposes of this section, an "inactive"
inspector is a licensed professional inspector, real estate inspector,
or apprentice inspector who is not authorized by law to engage in
the business of performing real estate inspections as defined by Chapter
1102, and who has been placed on inactive status by the commission
for any of the following reasons:
(1) the written request of the inspector to be placed
on inactive status;
(2) termination of sponsorship by a professional inspector;
(3) the death of the inspector's sponsoring professional
inspector;
(4) the failure of the licensee to satisfy continuing
education requirements for an active license;
(5) the expiration, suspension, or revocation of the
license of the inspector's sponsoring professional inspector;
(6) the failure of the licensee to provide to the commission
proof of professional liability insurance or any other insurance that
provides coverage for violations of Subchapter G of Chapter 1102;
or
(7) the expiration or non-renewal of the inspector's
professional liability insurance or any other insurance that provides
coverage for violations of Subchapter G of Chapter 1102.
(b) To be placed on inactive status by request, an
inspector must do the following:
(1) file a request for inactive status or submit a
letter containing the inspector's name, license number and current
mailing address; and
(2) if the inspector is a licensed professional inspector,
confirm in writing that the inspector has, at least 30 days prior
to filing the request for inactive status, given any real estate inspectors
or apprentice real estate inspectors sponsored by the inspector written
notice that the inspector will no longer be their sponsor.
(c) A professional inspector who has been placed on
inactive status may apply to the commission for return to active status
by filing a request online or on a form approved by the commission
and submitting any required fee. A professional inspector may apply
on a form approved by the commission to sponsor an apprentice inspector
or real estate inspector who has been on inactive status. The commission
may not return an inspector to active status or issue a license certificate
to the inspector unless the inspector has completed within two years
prior to the filing the request for return to active status any applicable
continuing education courses required for renewal of the type of license
held by the inspector or satisfied the continuing education requirements
in order to obtain the current license.
(d) An inspector who applies to renew a license and
pays the applicable fee but who fails to complete any continuing education
required by the Act as a condition of license renewal shall be placed
on inactive status by the commission. The inspector must comply with
the requirements of this section in order to return to active status.
(e) If a professional inspector terminates the sponsorship
of an apprentice real estate inspector or real estate inspector, the
license of the apprentice inspector or real estate inspector becomes
inactive. The apprentice real estate inspector or real estate inspector
must be sponsored by a professional inspector in order to return to
active status.
(f) Inactive inspectors may not perform inspections.
Performance of inspections while on inactive status is grounds for
disciplinary action against the inactive licensee. An professional
inspector who has been placed on inactive status may not return to
practice or sponsor apprentices or inspectors until the professional
inspector has completed applicable continuing education requirements
and, if the inspector was placed on inactive status at the inspector's
own request, applied to the commission for return to active status
and paid the applicable fee for the filing. An apprentice inspector
or real estate inspector who has been placed on inactive status may
return to practice if the inspector has completed applicable continuing
education requirements, and the inspector's sponsoring professional
inspector has requested that the apprentice inspector or real estate
inspector be returned to active status under the professional inspector's
sponsorship in accordance with the provisions of this section. It
is a violation of this section and grounds for disciplinary action
against a professional inspector for the professional inspector to
permit an inactive apprentice inspector or an inactive real estate
inspector to perform inspections in association with, or on behalf
of, the professional inspector.
|
| Source Note: The provisions of this §535.215 adopted to be effective September 15, 1994, 19 TexReg 6915; amended to be effective November 19, 2001, 26 TexReg 9382; amended to be effective August 31, 2004, 29 TexReg 8297; amended to be effective December 30, 2007, 32 TexReg 9995; amended to be effective January 1, 2011, 35 TexReg 11693; amended to be effective November 29, 2012, 37 TexReg 9366 |
