(a) - (d)(No change.) (e)Fees. (1)(No change.) (2)An inspector may charge a reasonable fee not to exceed $100 [$50] per inspection for the inspection of a residential property risk effective January 1, 2007. (3)An inspector may charge a reasonable fee not to exceed $50 [$25] per follow-up inspection in the event repairs are made within 90 days of the initial inspection effective January 1, 2007 . (4)(No change.) (5)The maximum fees that may be charged for an inspection and a follow-up inspection shall be automatically increased on an annual basis on January 1 of each year, beginning on January 1, 2008, by the same percentage of increase as the increase in the Consumer Price Index established by the U.S. Department of Labor, Bureau of Labor Statistics for the prior calendar year for all urban consumers for all items and for all regions combined, rounded to the nearest dollar. Current inspector fees and the method used to compute the current inspector fees will be available at the Department's VIP website www.tdi.state.tx.us/consumer/VIPcommish.html effective January 1, 2008, and may be obtained by mail from the Inspections Division, Mail Code 103-1A, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104. (6)An inspector may charge, in addition to the inspection fee and the follow-up inspection fee, a reasonable fee for mileage for each trip to and from the residential property risk, taking the most direct route. The mileage fee shall not exceed the federal standard mileage rate for business use as established by the Internal Revenue Service effective January 1, 2007. The maximum mileage rate for VIP inspectors will change to remain equivalent to the federal standard mileage rate for business use as established by the Internal Revenue Service if the federal standard mileage rate is changed by the Internal Revenue Service. The current mileage rate will be available at the Department's VIP website www.tdi.state.tx.us/consumer/VIPcommish.html, effective January 1, 2007, and may be obtained by mail from the Inspections Division, Mail Code 103-1A, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104. (f) - (h)(No change.) (i)Certification or Licensing of Inspectors. (1)Certification. (A)The following individuals may be certified by the Department as qualified inspectors under this program: (i) - (ii)(No change.) (iii)Persons holding an insurance adjusters license pursuant to the [Article 21.07-4,] Insurance Code Chapter 4101; (iv)Persons holding a local recording agents license pursuant to the [Article 21.14,] Insurance Code §§4051.001 - 4051.303; (v)Persons holding a solicitors license pursuant to the [Article 21.14,] Insurance Code §§4051.001 - 4051.303; or (vi)(No change.) (B)(No change.) (2) - (5)(No change.) (j)Denial, Suspension, Cancellation or Revocation of an Inspector's Certification or License. (1)(No change.) (2)After notice and opportunity for a hearing, the Commissioner may cancel or revoke any license or certification issued under this section if the holder or possessor of the license or certification is found to be in violation of, or to have failed to comply with, any provisions of this section or any other rule or regulation of the Department or any specific provision of the Texas Insurance Code. In lieu of cancellation or revocation, the Commissioner, upon determination from the facts that it would be fair, reasonable or equitable, may order one or more of the sanctions specified in subparagraphs (A) - (D) of this paragraph. (A) - (B)(No change.) (C)The Commissioner may issue an order directing the holder or [of] possessor of the certification or license to pay an administrative penalty in accordance with Chapter 84 [ Article 1.10E] of the Insurance Code. (D)(No change.) (3) - (4)(No change.) (k) - (l)(No change.)
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 August 7, 2006
TRD-200604068 Gene Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Earliest possible date of adoption: September 17, 2006
For further information, please call: (512) 463-6327
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