Texas Register

RULE §535.208Application for a License
ISSUE 01/01/2010
ACTION Proposed
Preamble Texas Admin Code Rule

(a) - (d) (No change.)

(e)A person may not file an application while another application for the same license type is pending. An application submitted while another is pending will be returned to the applicant with no further processing.

(f) [(e)] An application for a license may be denied if the commission determines that the applicant has failed to satisfy the commission as to the applicant's honesty, trustworthiness and integrity or 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). Notice of the denial and any hearing on the denial shall be as provided in Texas Occupations Code, §1101.364, and §533.34 of this title (relating to Disapproval of an Application for a License or Registration). For the purposes of this section, the term "late renewal" means an application for a license by a person who held the same type of license no more than two years prior to the filing of the application.

(g) [(f)] Procuring or attempting to procure a license by fraud, misrepresentation or deceit or by making a material misstatement of fact in an application is grounds to deny the application or suspend or revoke the license. It is a violation of this section for a sponsoring professional inspector knowingly to make a false statement to the commission in an application for a license or late renewal of a license for an apprentice or a real estate inspector.

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 December 16, 2009


Devon V. Bijansky

Deputy General Counsel

Texas Real Estate Commission

Earliest possible date of adoption: January 31, 2010

For further information, please call: (512) 465-3926

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