| (a) General License Requirements. In order to apply
to obtain a license, the promulgated form of application for such
license must be fully completed and executed and submitted to the
Department, accompanied by the required fee, required security, and
all other required supporting documentation. The Department may
request any reasonably related additional information or documentation
to clarify or support any application.
(1) Additional provisions applicable to salespersons.
(A) A salesperson is an agent of their sponsoring
retailer or broker. The sponsoring retailer or broker is liable and
responsible for the acts or omissions of a salesperson in connection
with any activity subject to the Standards Act or this Chapter.
It is a violation of the Standards Act and this chapter for a retailer
or broker of manufactured housing to employ a salesperson who is
not licensed with the Department or permit them to conduct business
subject to the Standards Act on their behalf.
(B) If a salesperson's sponsoring retailer or broker
is no longer licensed, that salesperson's ability to act and a salesperson
is automatically terminated until such time as he or she is acting
under a duly licensed sponsoring retailer or broker and such sponsorship
is on record with the Department. A salesperson shall surrender
his or her license to the Department within ten (10) calendar days
of termination from his or her sponsoring retailer.
(C) A sponsoring retailer or broker shall notify the
Department in writing when a salesperson has been terminated or is
no longer sponsored by said retailer or broker.
(D) A salesperson's sponsoring retailer or broker
shall be issued a license card by the Department containing effective
date and license number and name and license number of the sponsor.
A salesperson shall be required to present a copy of a valid license
card upon request.
(2) Additional provisions applicable to installers.
(A) A provisional installer's license shall become
a full installer's license as outlined in §1201.104(f) of the
Standards Act when the Department inspects a minimum of five (5)
manufactured home installations and found not to have any identified
installation violations.
(B) It is the responsibility of an installer who is
still on a provisional status to notify the Department of each installation
performed promptly. As used in this section, "promptly" means sufficiently
early to enable the home to be inspected prior to any skirting being
installed, in any event within three business days following the
date of completion of the installation.
(C) It is the responsibility of the Department's field
office to notify the Department's licensing section when a provisional
installer's license is eligible for upgrade to a full installer's
license.
(b) Applicable License Holder Ownership Changes.
(1) A license holder shall not change the location
of a licensed business unless the license holder first files with
the Department:
(A) a written notification of the address of the new
location;
(B) an endorsement to the bond reflecting the change
of location; and
(C) the original license.
(2) The change of location is not effective until
all requirements are received by the Department.
(3) For a change in ownership of less than fifty percent
(50%) of the licensed business entity, no new license is required
provided that the existing bond or other security continues in effect.
However, the current Articles of Incorporation or Assumed Name Certificate
must accompany the request.
(4) For a change in ownership of fifty percent (50%)
or more, the license holder must file with the Department, along
with the appropriate fee and Articles of Incorporation or Assumed
Name Certificate:
(A) a license addendum by the purchaser providing
information as may be required by the Department; and
(B) certification by the surety that the bond for
the licensed business entity continues in effect after the change
in ownership; or
(C) an application for a new license along with a
new bond or other security and proof that the education requirements
of §1201.113 of the Standards Act, have been met.
(c) Education.
(1) The Standards Act requirement for an initial eight
(8) hour course of instruction in the law, including instruction
in consumer protection regulations; four (4) hour retailer education
course; and/or four (4) hour installer education course shall be
offered quarterly by the Department. Subject to limitations on Department
resources, the Department will make special licensing classes available
upon written request.
(2) Each test to be administered in connection with
the course(s) will consist of a representative selection of questions
from an approved set of questions approved by the Director. The
test(s) will be open-book. A score of 70% correct is required to
pass each test.
(3) For initial licensing of a salesperson, if the
salesperson does not attend and successfully complete the initial
licensing class provided by the Department within 90 days after the
date of licensure, the license will automatically be suspended until
the salesperson has attended and successfully completed that class.
While the license is in a suspended status the salesperson may not
act as a manufactured housing salesperson.
(4) All related persons added to a retailer's license
are required to take the initial eight (8) hour course of instruction
in the law, including instruction in consumer protection regulations
and the four (4) hour retailer education course prior to being added
to the retailer's license.
(5) All related persons added to an installer's license
are required to take the initial eight (8) hour course of instruction
in the law, including instruction in consumer protection regulations
and the four (4) hour installer education course prior to being added
to the installer's license.
(6) All related persons added to a retailer/installer
license or retailer/ installer/broker license are required to take
the initial eight (8) hour course of instruction in the law, including
instruction in consumer protection regulations; the four (4) hour
retailer education course; and the four (4) hour installer education
course prior to being added to the license.
(7) All related persons added to a manufacturer's
license are required to take the initial eight (8) hour course of
instruction in the law, including instruction in consumer protection
regulations prior to being added to the manufacturer's license.
(8) All related persons added to a broker's license
are required to take the initial eight (8) hour course of instruction
in the law, including instruction in consumer protection regulations
prior to being added to the broker's license.
(d) Continuing Education.
(1) Continuing education program courses must total
eight (8) hours and shall include:
(A) Continuing education addressing the law and rules
with a focus on any revisions to the Code or Rules within the preceding
two years.
(B) Continuing education addressing the Department's
current complaint resolution process.
(C) The following additional topics may be covered:
(i) installation requirements;
(ii) manufactured home financing;
(iii) operation of manufactured home parks and communities;
(iv) insurance requirements;
(v) industry best practices;
(vi) business ethics;
(vii) topical market statistics or trends; or
(viii) other subjects determined by the Department
to relate directly to the lawful operation of a business subject
to the Code.
(2) Acceptable evidence that the requirements of §1201.113(b)
of the Standards Act have been satisfied by the license holder or
their related person on record with the Department, would be a certificate,
letter, or similar statement provided by the approved education provider
indicating that the education program was timely completed. Such
evidence may be submitted by fax, mail, e-mail, or in person. All
related persons listed on a license are required to complete the
eight (8) hours of continuing education required every two years.
(3) For license renewal, evidence of any required
completion, with reference to license number, must be received by
the Department before a license may be renewed.
(4) Approval of courses and providers. In order to
be considered for approval by the Board to provide continuing education
courses, including prospective continuing education courses in accordance
with paragraph (5) of this subsection, a party wishing to be considered
for such approval must submit an application, accompanied by the
nonrefundable processing fee, and the following:
(A) A narrative overview of each course, describing
subject matter to be covered;
(B) Brief biographies, including credentials of each
instructor demonstrating in depth knowledge of the subject matter
to be taught;
(C) A copy of any course materials to be used. If
the course materials are deemed to be proprietary they should be
placed in a separate envelope, marked confidential, and accompanied
by a written statement as to why they should not be treated as open
records. There is no assurance that such materials will ultimately
be accorded any exemption from disclosure under the Open Records
provisions of the Government Code;
(D) A schedule of any fees to be charged for each
course;
(E) If completion of the continuing education program
is limited to any particular group, a description of the limitation;
(F) As such information becomes available, an indication
as to the locations, times, and dates for offerings; and
(G) Such other information as the Department may require.
(5) Prospective continuing education programs, including
all portions of education courses, must be pre-approved by the board
prior to the course being held or broadcast.
(6) Once the Department determines that a request
for approval is complete, that request will be placed on the next
regularly scheduled meeting of the Board for consideration. The
Department will provide the board with a written recommendation on
each such request. The staff will advise the applicant of the board's
action within ten (10) business days of the date of the board meeting,
including a written statement as to any limitations, conditions,
or other requirements imposed.
(A) Approvals shall be for a period not to exceed
two years. The Department may, at no cost, attend or send a representative
to attend any approved portion of the continuing education program
to determine that the courses are being taught in accordance with
the terms of approval.
(B) Should the two-year approval time for a continuing
education provider expire in between regularly scheduled board meetings,
the executive director may issue approval to continue providing services
until the next board meeting upon receipt of the required renewal
application, fee, and necessary documentation of education material.
(C) The Department may revoke or suspend approval
of a continuing education program if the Department determines that
any of the courses are not being taught in accordance with the terms
of approval or that any of the courses are not being administered
in accordance with the law or these rules. Any action to revoke
or suspend such an approval is a contested matter under Chapter 2001,
Government Code, and the party against whom revocation or suspension
is sought may make a written request for a hearing before an Administrative
Law Judge. If no such hearing is requested within thirty (30) calendar
days after receipt of notice from the Department, the Department
order of suspension or revocation shall become final.
(e) License Application and Renewal.
(1) Initial Application Processing.
(A) It is the policy of the Department to issue the
license within seven (7) business days after receipt of all required
information and the following conditions have been met:
(i) all required forms are properly executed; and
(ii) all requirements of applicable statutes and this
Chapter have been met.
(B) License applications and accompanying documents
found to be incomplete or not properly executed shall be returned
to the applicant with an explanation of the specific reason and what
information is required to complete license.
(C) Upon request, the Department will disclose the
license number assigned and the effective date for a license that
has been approved but not yet delivered to the license holder.
(2) License Renewal Requirements. It is the responsibility
of a license holder to renew the license prior to its expiration
date.
(A) In order to prevent the expiration and lapse of
a license, a complete application for license renewal must be received
by the Department prior to the date on which the current license
expires.
Cont'd... |
