(B) If an application for license renewal is received
by the Department after the date on which the current license expires,
the license will not be issued without the required late fees identified
in §1201.116(d) and (e) of the Standards Act.
(3) Payment of license fees.
(A) All required fees must be paid in order to obtain
a valid license, including a renewal license, from the Department.
(B) Any license issued by the Department is void and
of no effect if based upon a check or other form of payment that
is later returned for insufficient funds, closed account, or other
reason, regardless of whether the Department notifies the applicant
of the insufficiency of payment or the invalidity of the license.
(C) It is the applicant's responsibility to ensure
that all licensing fees are paid in valid U.S. funds.
(4) Fingerprints and Criminal History Check.
(A) License applicants must submit a complete and
legible set of fingerprints to a vendor approved by the Department
of Public Safety, for the purpose of a criminal background check,
which will be provided to the Department.
(B) The license applicant shall be responsible for
the cost.
(f) License Application or Renewal Denial.
(1) In the evaluation of an applicant for a license,
the Director shall consider whether the applicant or any related
person involved with the applicant has previously:
(A) been found in a final order to have participated
in one or more violations of the Standards Act that served as grounds
for the suspension or revocation of a license;
(B) been found to have engaged in activity subject
to the Standards Act without possessing the required license;
(C) caused the Manufactured Homeowner Consumer Claims
Program to incur unreimbursed payments or claims;
(D) failed to abide by the terms of a final order
or agreed final order, including the payment of any assessed administrative
penalties; or
(E) had any state license revoked for violations of
a law or rule.
(2) If any of the preceding factors is present with
respect to the applicant or any related person involved with the
applicant, the director will further determine:
(A) whether all appropriate corrective action has
been taken;
(B) whether the applicant has adopted policies and
procedures or taken other appropriate measures to prevent recurrences;
and
(C) whether additional conditions or limitations on
the license would be appropriate.
(3) In determining whether an applicant should be
issued a license if that applicant states in his/her application
for said license that he/she has a criminal record, which may include
a conviction, deferred adjudication, plead guilty, or nolo contendere
for any felony or misdemeanor offense, other than a Class C Misdemeanor
for traffic violations, within five (5) years preceding the date
of the application, the Director shall consider the factors set out
in Texas Occupations Code, §53.022:
(A) the nature and seriousness of the crime;
(B) the relationship of the crime to the intended
manufactured housing business activity;
(C) the extent to which a license holder might engage
in further criminal activity of the same or similar type as that
in which the applicant previously had been involved;
(D) the relationship of the crime to the ability,
capacity, or fitness required to perform the duties and discharge
the functions and responsibilities of the license holder's occupation
or industry; and
(E) whether the offenses were defined as crimes of
moral turpitude by statute or common law, from Class A misdemeanors
to first, second, and third degree felonies carrying fines and/or
imprisonment or both. Special emphasis shall be given to the crimes
of robbery, burglary, theft, embezzlement, sexual assault, and conversion.
(4) In addition to the factors that may be considered
in paragraph (3) of this subsection, the Department, in determining
the present fitness of a person who has a criminal record, may consider
the following:
(A) the extended nature of the person's past criminal
activity;
(B) the age of the person at the time of the commission
of the crime;
(C) the amount of time that has elapsed since the
person's last criminal record;
(D) the conduct and work activity of the person prior
to and following the criminal record; and
(E) evidence of the person's rehabilitation or attempted
rehabilitation effort while incarcerated or following release.
(5) The applicant shall furnish proof in any form,
as may be required by the Department, that he/she has maintained
a record of steady employment and has otherwise maintained a record
of good conduct and has paid all outstanding court costs, supervision
fees, fines, and restitution as may have been ordered in all criminal
cases.
(6) If the Department suspends or revokes a valid
license, or denies a person a license or the opportunity to be considered
for a license in accordance with this subsection because of the person's
prior criminal record and the relationship of the crime to the license,
the Department shall:
(A) notify the person in writing stating reasons for
the suspension, revocation, denial, or disqualification; and
(B) offer the person the opportunity for a hearing
on the record. If the person does not request a hearing on the matter
within thirty (30) calendar days from receipt of the Department's
decision, the suspension, revocation, or denial becomes final.
(g) Exemption for Retailer's License Requirement.
(1) Application for Exemption of Retailer's License
Requirement.
(A) A person requesting exemption from the Retailer's
licensing requirement of §1201.101(b) of the Occupations Code,
shall submit the required application outlining the circumstances
under which they are requesting exemption from licensure.
(B) Applications should identify the HUD label or
serial number(s) of up to three (3) homes being sold under the exemption;
(C) Applications will be processed within seven (7)
business days after receipt of all required information.
(2) The circumstances under which this exemption is
granted are:
(A) One-time sale of up to three (3) manufactured
homes in a 12-month period as personal property;
(B) Non-profit entity transferring ownership of up
to three (3) manufactured homes in a 12-month period; and/or
(C) No other manufactured homes have been purchased
and resold in the previous twelve (12) months, even with a previous
exemption.
(3) Letter of Exemption.
(A) Once granted, a Letter of Exemption from licensure
will be issued by the Executive Director to the applicant.
(B) Letter of Exemption is valid only for the manufactured
home(s) specified.
(C) Letter of Exemption is valid only for twelve (12)
months.
(D) The homes may not be sold until the Letter of
Exemption is granted.
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Source Note: The provisions of this §80.41 adopted to be effective March 25, 2012, 37 TexReg 1307; amended to be effective November 25, 2012, 37 TexReg 8507; amended to be effective November 23, 2014, 39 TexReg 8386; amended to be effective May 15, 2016, 41 TexReg 2743; amended to be effective January 7, 2018, 42 TexReg 6921; amended to be effective December 8, 2019, 44 TexReg 6870 |