| (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.
(A) Cheating on the Manufactured Housing Division licensure
examinations will not be tolerated. Evidence of cheating on an examination
shall be a cause for disciplinary action. The executive director shall
be informed of such instances of suspected cheating at the earliest
possible opportunity and will determine appropriate action.
(B) If the executive director determines that an examinee
cheated on the Manufactured Housing Division exam, an examinee may
have exam results invalidated and may be barred from taking the Manufactured
Housing Division examination in Texas for a period of up to two years.
Any application for licensure pending or approved for examination
may be denied and will be evaluated or re-evaluated on that basis.
Any examination taken and passed while barred from taking an examination
in Texas will not be acceptable for licensure purposes in Texas.
(C) A licensee or applicant suspected of cheating,
or a licensee assisting others with cheating may be charged with violating §1201.551
of the Act and applicable Manufactured Housing Division rules, which
may result in the denial, suspension, or revocation of their license.
(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
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