| (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.
(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;
Cont'd... |
