(a)A person who wishes to be licensed by the commission must file an application for the license on the form adopted by the commission for that purpose. [Prior to filing the application, the applicant must pay the required fee for evaluation of the education completed by the person and must obtain a written response from the commission showing the applicant meets current education requirements for the license.] (b)Prior to submitting an application, an applicant must submit a completed education evaluation request form along with the appropriate fee. If the commission determines that the applicant has met current education requirements for the applicable license, it shall notify the applicant that his or her education has been approved. Any such approval shall then remain valid for one year from the date the commission received the education evaluation request. If the commission determines that the applicant has not completed all required education, the applicant has until one year from the date the commission received the request to meet all education requirements and submit an application for licensure or the education evaluation request will expire. If the education requirements change while the education evaluation request is pending, any evaluation issued by the commission after the new requirements take effect will be based on then-current requirements. If the education requirements change after the commission has notified the applicant that his or her education satisfies the commission's requirements but before the applicant submits an application, the applicant must meet any additional education requirements before the application will be processed. (c)[(b)] A [If the commission develops a system whereby a person may electronically file an application for a license, a] person who has previously satisfied applicable education requirements and obtained an evaluation from the commission also may apply for a license 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 signature prior to issuance of a license certificate. The person may provide the signature prior to the submission of an electronic application. (d)[(c)] The commission shall return the application of an applicant who: [applications to applicants when it has been determined that the application fails to comply with one of the following requirements.] (1)[The applicant] is not 18 years of age ;[.] (2)[The applicant] does not meet any applicable residency requirement;[.] (3)is not a citizen of the United States or a lawfully admitted alien; [An incorrect filing fee or no filing fee is received.] (4)submits the application [The application is submitted] in pencil;[.] (5)submits an incorrect filing fee or no filing fee; or [The applicant is not a citizen of the United States or a lawfully admitted alien.] (6)has not satisfied applicable education requirements. [The applicant has not obtained, within one year from the date the application is filed, an evaluation from the commission showing the applicant meets education requirements or experience requirements have not been satisfied.] (e)[(d)] An application is considered void and is subject to no further evaluation or processing when one of the following events occurs: (1)the applicant fails to satisfy an examination requirement within six months from the date the application is filed; (2)the applicant, having satisfied any examination requirement, fails to submit a required fee within sixty (60) days after the commission makes written request for payment; (3)the applicant, having satisfied any examination requirement, fails to provide information or documentation within sixty (60) days after the commission makes written request for correct or additional information or documentation; (4)the applicant fails to provide fingerprints to the Department of Public Safety within six months from the date the application is filed. (f)[(e)] The commission adopts by reference the following forms published by and available from the Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188, www.trec.state.tx.us [approved by the commission which are as 78711-2188]: (1)Application for a Real Estate Broker License, TREC Form BL-9; (2)Application for a Real Estate Broker License by a Corporation, TREC Form BLC-6; (3)Application for Late Renewal of A Real Estate Broker License, TREC Form BLR-10 [9]; (4)Application for Late Renewal of Real Estate Broker License by a Corporation, TREC Form BLRC-7 [6]; (5)Application for Real Estate Salesperson License, TREC Form SL-13 [12]; (6)Application for Late Renewal of Real Estate Salesperson License, TREC Form SLR-11 [10]; (7)Application for Moral Character Determination, TREC Form MCD-6; (8)Application for Real Estate Broker License by a Limited Liability Company, TREC Form BLLLC-6; (9)Application of Currently Licensed Real Estate Broker for Salesperson License, TREC Form BSL-8 [7]; and (10)Application for Late Renewal of a Real Estate Broker License by a Limited Liability Company, TREC Form BLRLLC-7 [ 6].
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 12, 2009
TRD-200902386 Devon V. Bijansky
Assistant General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: July 26, 2009
For further information, please call: (512) 465-3900
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