(a) The Texas Real Estate Commission adopts by reference the
following forms approved by the Texas Real Estate Commission in 2000. These
forms are published by and available from the Texas Real Estate Commission,
P. O. Box 12188, Austin, Texas 78711-2188.
(1) ERW 1-2 , Application For Easement Or Right-of-Way Agent
Registration For An Individual; and
(2) ERW 2-2, Application For Easement Or Right-of-Way Agent
Registration For A Business.
(b) An individual desiring to be registered by the commission
as an easement or right-of-way agent must file form ERW 1-2 with the commission.
If the applicant is a business, the applicant must file form ERW 2-2 . All
applicants must submit the applicable fees set forth in The Real Estate License
Act, Texas Civil Statutes, Article 6573a, (the Act). The commission will not
accept an application which has been submitted without the correct filing
fees or which has been submitted in pencil. If the commission develops a system
whereby a person may electronically file an application for registration,
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. Within 60 days after paying the fee, the applicant must
complete the application process by submitting a printed copy of the application
signed by the applicant and including a photograph of the applicant. If the
applicant does not complete the application process as required by this subsection,
the commission shall terminate the application.
(c) 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.
(d) 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, § 12(e). 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.
(e) 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.
(f) 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, §10,
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, §10, 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 |