Texas Register

TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER RREAL ESTATE INSPECTORS
RULE §535.216Renewal of License or Registration
ISSUE 12/23/2005
ACTION Final/Adopted
Preamble Texas Admin Code Rule

(a)A person licensed by the commission under Texas Occupations Code, Chapter 1102 (Chapter 1102), may renew the license by timely filing the prescribed application for renewal, paying the appropriate fee to the commission and satisfying applicable continuing education requirements as required by Chapter 1102, and by §535.218 of this title (relating to Continuing Education).

(b)The commission shall mail the prescribed renewal application form to the last known permanent mailing address of the licensee as shown in the commission's computerized records at least 90 days prior to the expiration of the license. Each licensee shall furnish a permanent mailing address to the commission and report all subsequent address changes within 10 days after a change of address. If a licensee fails to provide a permanent mailing address, the last known mailing address for the licensee will be deemed to be the licensee's permanent mailing address. An apprentice inspector or a real estate inspector must be sponsored by a licensed professional inspector in order to renew a license on an active status. It is the responsibility of the licensee to apply for renewal, and failure to receive a renewal application form does not relieve the licensee of the responsibility of applying for renewal.

(c)A licensee also may renew an unexpired license by accessing the commission's Internet web site, entering the required information on the renewal application form, satisfying applicable education requirements and paying the appropriate fee in accordance with the instructions provided at the site by the commission.

(d)A licensee shall provide information requested by the commission in connection with an application to renew a license within 30 days after the commission requests the information. Failure to provide information requested by the commission in connection with a renewal application within the required time is grounds for disciplinary action under Texas Occupations Code, §1101.656.

(e)The commission may not renew a license issued to a corporation or limited liability company unless the corporation or limited liability company has designated an officer, manager or employee who meets the requirements of Chapter 1102, Texas Occupations Code, including satisfaction of continuing education requirements. No person may act as designated officer, designated manager or designated employee if the person has failed to meet continuing education requirements. For the purpose of this section, continuing education requirements for the designated officer, designated manager or designated employee must be satisfied during the term of any individual professional inspector license held by the officer, manager or employee.

(f)A renewal application is deemed filed when placed in the mail properly addressed to the commission with appropriate postage paid.

(g)An inspector licensed on active status who timely files a renewal application together with the applicable fee and evidence of completion of any required continuing education courses may continue to practice prior to receiving a new license certificate from the commission. If the license has expired and the licensee files an application to renew the license, the licensee may not practice until the new certificate is received.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 9, 2005

TRD-200505662

Loretta R. DeHay

General Counsel

Texas Real Estate Commission

Effective date: December 29, 2005

Proposal publication date: November 4, 2005

For further information, please call: (512) 465-3900



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