(a)(No change.) (b)An individual desiring to be registered by the commission as an easement or right-of-way agent must file form ERW 1-2 with the commission. If the applicant is a business, the applicant must file form ERW 2-2. All applicants must submit the applicable fees set forth in The Real Estate License Act, Texas Occupations Code, Chapter 1101 [Civil Statutes, Article 6573a], (the Act). The commission will not accept an application which has been submitted without the correct filing fees or which has been submitted in pencil. A [If the commission develops a system whereby a person may electronically file an application for registration, a] person also may apply for registration by accessing the commission's Internet web site, entering the required information on the application form and paying the appropriate fee in accordance with the instructions provided at the site by the commission. If the person is an individual, the person must provide the commission with the person's photograph and signature prior to issuance of a registration certificate. The person may provide the photograph and signature prior to the submission of an electronic application. If the applicant does not complete the application process as required by this subsection, the commission shall terminate the application. (c)(No change.) (d)The commission shall assign a registration number to each registrant and shall provide each registrant with a certificate of registration. Each registration issued by the commission is valid until the last day of the month one year from the day the registration was issued. Each registrant shall display the certificate of registration issued by the commission in a prominent location in the registrant's place of business, as required by the Act, §1101.507 [§12(e)]. If the registrant maintains more than one place of business, the registrant shall display either the certificate or a copy of the certificate in each place of business. (e)(No change.) (f)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, §1101.364 [§10], 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 the provisions of the Act, §1101.364 [§10], and Chapter 533 of this title (relating to Practice and Procedure).
This agency
hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on June 9, 2004
TRD-200403800 Loretta DeHay
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: July 25, 2004
For further information, please call: (512) 465-3900
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