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(a)A licensee who files a late application to renew a previous license less than one year after the expiration of the license must do so on a form approved by the commission for that purpose and is subject to the requirements of this section and Tex. Occ. Code §1101.451(e). The commission shall renew the license in an active status except as provided by this section. A license issued under this section is effective the day following the expiration of the previous license. (b)To renew a license on active status without any lapse in active licensure, a salesperson must also submit a Salesperson Sponsorship Form certifying sponsorship for the period from the day after the previous license expired to the day the renewal license issued, and for the period beginning on the day after the renewal license issued. The same broker may be the sponsor for both periods. The commission shall renew the license on inactive status for the period(s) in which the salesperson was not sponsored. (c)A licensee who has not completed all Mandatory Continuing Education (MCE) before the expiration of the previous license and who files a late application not later than the 60th day after the expiration of the previous license may renew the license on active status subject to the following conditions. (1)Not later than the 60th day after the expiration of the previous license, the licensee must: (A)pay an MCE deferral fee of $200; and (B)complete the MCE. (2)If, within 15 days after the end of the 60-day period set out in paragraph (1) of this subsection, the commission has not been provided with evidence that the licensee has completed the MCE and paid the MCE deferral fee of $200, the renewed license shall be placed on inactive status. In order to reactivate a license placed on inactive status under this subsection, the licensee must: (A)provide the commission with evidence that the licensee has completed the MCE; (B)pay the $200 MCE deferral fee if it has not yet been paid; (C)complete and submit a Request to Return to Active Status Form if a broker or a Salesperson Sponsorship Form if a salesperson and pay the appropriate fee; and (D)pay a late reporting fee of $250. (d)If a licensee who has not completed all MCE before the expiration of the previous license files a late application to renew the license in an active status more than 60 days but less than one year from the expiration of the license, the licensee must: (1)provide the commission with evidence that the licensee has completed the MCE; (2)pay the $200 MCE deferral fee; (3)complete and submit a Salesperson Sponsorship Form if a salesperson; and (4)pay a late reporting fee of $250. (e)If a licensee files a late application to renew a license in an active status and has completed all MCE before the expiration of the previous license, the licensee is not required to pay the $200 MCE deferral fee or the $250 late reporting fee. (f)MCE completed after expiration of the previous license under this section may not be applied to any subsequent renewal of the license. (g)A licensee may file a late application to renew a license on inactive status under this section.
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 February 9, 2010
TRD-201000618 Loretta R. DeHay
General Counsel
Texas Real Estate Commission
Effective date: September 1, 2010
Proposal publication date: January 1, 2010
For further information, please call: (512) 465-3926
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