| (a) A person desiring to be licensed shall file an application
using forms prescribed by the commission. Prior to filing an application for
a real estate inspector license or for a professional inspector license, the
applicant must pay the required fee for evaluation of the education completed
by the person and must obtain a written response from the commission showing
the applicant meets current education requirements for the license. 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.
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 the Real Estate License Act (the Act), §23, or by these sections;
(3) successfully completes any qualifying examination required
by the Act;
(4) provides all supporting documentation or information requested
by the commission in connection with the application.
(b) If the commission develops a system whereby a person may
electronically file an application for a license, a person who has previously
satisfied applicable education requirements and obtained an evaluation from
the commission also may apply for a license 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. The person must provide the commission with
the person's photograph and signature prior to issuance of a license certificate.
The person may provide the photograph and signature prior to the submission
of an electronic application.
(c) The Texas Real Estate Commission adopts by reference the
following forms approved by the commission. These forms are published by and
available from the Texas Real Estate Commission, P.O. Box 12188, Austin, Texas
78711-2188:
(1) Inspection Log, Form REI 1-3;
(2) Application for a License as an Apprentice Inspector, Form
REI 2-6;
(3) Application for a License as a Real Estate Inspector, Form
REI 4-7; and
(4) Application for a License as a Professional Inspector,
Form REI 6-7.
(d) 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 required examination within
six 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 60
days after the commission makes written request for payment of the fee.
(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 the Act, §10 and §533.34 of this title (relating to
Disapproval of an Application for a License or Registration). For the purposes
of this section, the term "late renewal" means an application for a license
by a person who held the same type of license no more than two years prior
to the filing of the application.
(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 or late renewal of a license for an apprentice or a real estate
inspector.
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| 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 |
