| (a) A person desiring to be licensed shall file an
application using forms prescribed by the commission. The commission
may require an applicant to furnish materials such as source outlines,
syllabi, course descriptions or official transcripts to verify course
content or credit to meet education requirements. The commission may
not accept an application for filing if the application is materially
incomplete or the application is not accompanied by the appropriate
fee. The commission may not issue a license unless the applicant:
(1) pays the fee prescribed by the commission;
(2) satisfies any experience or education requirements
established by Texas Occupations Code, Chapter 1102 (Chapter 1102),
or by these sections;
(3) successfully completes any qualifying examination
required by Chapter 1102;
(4) provides all supporting documentation or information
requested by the commission in connection with the application; and
(5) submits proof of financial responsibility as required
by §1102.1141 of Chapter 1102 using a form approved by the commission
for that purpose.
(b) A person also may apply for a license by accessing
the commission's 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. An applicant
for an apprentice inspector license must provide the commission with
the applicant's photograph prior to issuance of a license certificate.
(c) An application shall be considered void and subject
to no further evaluation or processing when one of the following events
occurs.
(1) The applicant fails to satisfy a current education
requirement or examination requirement within 12 months from the date
the application is accepted for filing.
(2) The applicant fails to provide information or documentation
within 60 days after the commission makes written request for the
information or documentation.
(3) The applicant fails to submit a required fee within
twenty (20) days after the commission makes written request for payment
of the fee.
(4) The applicant fails to submit the required proof
of professional liability insurance, or any other insurance that provides
coverage for violations of Subchapter G of Chapter 1102, within 60
days after the commission makes written request for proof of insurance.
(5) The applicant fails to provide fingerprints to
the Department of Public Safety within 12 months from the date the
application is filed.
(d) A person may not file an application while another
application for the same license type is pending. An application submitted
while another is pending will be returned to the applicant with no
further processing.
(e) An application for a license may be denied if the
commission determines that the applicant has failed to satisfy the
commission as to the applicant's honesty, trustworthiness and integrity
or 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). Notice of the
denial and any hearing on the denial shall be as provided in Texas
Occupations Code, §1101.364, and §533.34 of this title (relating
to Commencement of ADR).
(f) Procuring or attempting to procure a license by
fraud, misrepresentation or deceit or by making a material misstatement
of fact in an application is grounds to deny the application or suspend
or revoke the license. It is a violation of this section for a sponsoring
professional inspector knowingly to make a false statement to the
commission in an application for a license for an apprentice or a
real estate inspector.
|
| Source Note: The provisions of this §535.208 adopted to be effective January 1, 1992, 16 TexReg 7489; amended to be effective December 21, 1993, 18 TexReg 9103; amended to be effective September 15, 1994, 19 TexReg 6915; amended to be effective January 3, 1996, 20 TexReg 10898; amended to be effective May 2, 1996, 21 TexReg 3549; amended to be effective March 14, 1997, 22 TexReg 2429; amended to be effective December 1, 1999, 24 TexReg 10554; amended to be effective January 1, 2001, 25 TexReg 11653; amended to be effective October 4, 2001, 26 TexReg 7541; amended to be effective December 24, 2001, 26 TexReg 10596; amended to be effective April 1, 2003, 28 TexReg 2324;amended to be effective August 31, 2004, 29 TexReg 8297; amended to be effective November 15, 2005, 30 TexReg 7475; amended to be effective December 30, 2007, 32 TexReg 9995; amended to be effective September 11, 2008, 33 TexReg 7517; amended to be effective March 1, 2010, 35 TexReg 1738; amended to be effective September 1, 2010, 35 TexReg 7800; amended to be effective November 21, 2013, 38 TexReg 8235 |
