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TITLE 22EXAMINING BOARDS
PART 6TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS
CHAPTER 138COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS
SUBCHAPTER AINDIVIDUAL AND SURVEYOR COMPLIANCE
RULE §138.13Inactive Status

(a) A license or registration holder may request in writing to change the status of the license or registration to "inactive" at any time. A license or registration holder whose license or registration is inactive may not practice surveying. A license or registration holder who has requested inactive status shall not receive any refunds for licensing or registration fees previously paid to the board.

(b) A license or registration holder whose license or registration is inactive must pay an annual fee as established by the board at the time of the renewal. If the inactive renewal fee is not paid by the date a person's license or registration is to expire, the inactive renewal fee for the expired license or registration shall be increased in the same manner as for an active license or registration renewal fee.

(c) A license holder whose license is inactive is not required to:

  (1) comply with the continuing professional education requirements adopted by the board; or

  (2) take an examination for reinstatement to active status.

(d) To return to active status, a license or registration holder whose license or registration is inactive must:

  (1) submit a request in writing for reinstatement to active status;

  (2) pay the fee for annual renewal, as applicable;

  (3) provide documentation of submittal of fingerprints for criminal history record check as required by §1001.277 of the Act, unless previously submitted to the board; and

  (4) comply with the continuing professional education requirements for inactive license or registration holders returning to practice as prescribed in §138.17 of this chapter (relating to Continuing Professional Education).

(e) A license or registration holder may claim inactive status and return to active status only once during the year period determined by the renewal schedule of the license or registration. If a license or registration holder claims inactive status and returns to active status during the same annual renewal period, the license or registration holder shall comply with the full continuing professional education requirements for that year.

(f) A license or registration holder claiming inactive status may use any term allowed for an active license or registration holder followed by the term "Inactive" or "Retired" on business cards, stationery and other forms of correspondence. Failure to note inactive status in this manner is a violation of the Acts and board rules and is grounds for disciplinary action by the board.

(g) A license or registration holder on inactive status may provide a reference statement for an applicant for licensure or registration.

(h) Offering or performing surveying services to the public while the license or registration is inactive is a violation of the inactive status and is grounds for disciplinary action by the board.


Source Note: The provisions of this §138.13 adopted to be effective December 24, 2020, 45 TexReg 9206

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