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RULE §535.400Registration of Easement or Right-of-Way Agents
Historical Texas Register

(a) Application.

  (1) A person who intends to be registered by the Commission as an easement or right-of-way agent must:

    (A) file an application for the registration through the online process approved by the Commission or on the form prescribed by the Commission for that purpose; and

    (B) submit the required fee under §535.404 of this subchapter (relating to Fees).

  (2) The Commission will reject an application submitted without a sufficient filing fee.

  (3) The Commission may request additional information be provided to the Commission relating to an application.

(b) To be eligible for registration, an applicant must:

  (1) meet the following requirements at the time of the application:

    (A) be 18 years of age;

    (B) be a citizen of the United States or a lawfully admitted alien;

  (2) comply with the fingerprinting and education requirements of the Act;

  (3) meet the honesty, trustworthiness, and integrity requirements under the Act; and

  (4) if the applicant is a business entity, designate one of its managing officers who is registered under this title as agent for the business entity.

(c) Texas residents who enter military service and resume their Texas residence immediately upon separation from the military are not considered to have lost their Texas residence unless they have affirmatively established legal residence elsewhere.

(d) The fact that an individual has had disabilities of minority removed does not affect the requirement that an applicant be 18 years of age to be eligible for a license.

(e) The Commission will assign a registration number to each certificate holder and provide each certificate holder with a certificate of registration. Each registration issued by the Commission is valid until the last day of the month two years after the date the registration was issued.

(f) Termination of application. An application is terminated and is subject to no further evaluation or processing if the applicant fails to satisfy the requirements of subsection (b) of this section within one year from the date the application is filed.

(g) 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, 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 §1101.364 of the Act and Chapter 533 of this title (relating to Practice and Procedure).

(h) If the Commission determines that issuance of a probationary certificate is appropriate, the order entered by the Commission with regard to the application must set forth the terms and conditions for the probationary certificate. Terms for a probationary certificate may include any of the following:

  (1) that the probationary certificate holder comply with the Act and with the rules of the Commission;

  (2) that the probationary certificate holder fully cooperate with the Commission in the investigation of any complaint filed against the certificate holder;

  (3) that the probationary certificate holder attend a prescribed number of classroom hours in specific areas of study during the probationary period;

  (4) that the probationary certificate holder limit acts as an easement or right-of-way agent as prescribed in the order;

  (5) that the probationary certificate holder report regularly to the Commission on any matter which is the basis of the probationary certificate;

  (6) that the probationary certificate holder comply with any other terms contained in the order which have been found to be reasonable and appropriate by the Commission after consideration of the circumstances involved in the particular application; or

  (7) that the probationary certificate holder comply with any other terms contained in an order from any other court or administrative agency under which the probationary certificate holder is bound.

(i) Unless the order granting a probationary certificate specifies otherwise, a probationary certificate holder may renew the certificate after the probationary period by satisfying the requirements under §535.403 of this subchapter (relating to Renewal of Registration).

(j) Each certificate holder shall display the certificate of registration issued by the Commission in a prominent location in the certificate holder's place of business, as required by §1101.507 of the Act. If the certificate holder maintains more than one place of business, the certificate holder shall display either the certificate or a copy of the certificate in each place of business.

(k) Each certificate holder shall provide a mailing address, phone number, and email address used in business, if available, to the Commission and shall report all subsequent changes not later than the 10th day after the date of a change of any of the listed contact information. If a certificate holder fails to update the contact information, the last known contact information provided to the Commission is the certificate holder's contact information.

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; amended to be effective December 24, 2001, 26 TexReg 10596; amended to be effective August 31, 2004, 29 TexReg 8300; amended to be effective January 7, 2009, 34 TexReg 58; amended to be effective March 9, 2011, 36 TexReg 1563; amended to be effective April 1, 2012, 37 TexReg 1909; amended to be effective January 1, 2015, 39 TexReg 9669; amended to be effective September 7, 2015, 40 TexReg 5790; amended to be effectiveDecember 11, 2019, 44 TexReg 7711; amended to be effective August 31, 2020, 45 TexReg 6125; amended to be effective September 1, 2022, 47 TexReg 3053; amended to be effective June 11, 2023, 48 TexReg 2948

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