(a)A person desiring to be licensed shall file an application using forms prescribed by the commission. [Prior to filing an application for a real estate inspector license or for a professional inspector license, 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.] The commission may require an applicant to furnish materials such as source outlines, syllabi, course descriptions or official transcripts to verify course content or credit to meet education requirements. The commission may not accept an application for filing if the application is materially incomplete or the application is not accompanied by the appropriate fee. The commission may not issue a license unless the applicant: (1)pays the fee prescribed by the commission; (2)satisfies any experience or education requirements established by Texas Occupations Code, Chapter 1102 (Chapter 1102), or by these sections; (3)successfully completes any qualifying examination required by Chapter 1102; (4)provides all supporting documentation or information requested by the commission in connection with the application; and (5)submits proof of professional liability insurance, or any other insurance that provides coverage for violations of [Subchapter G of Texas Occupations Code, Chapter 1102 (]Chapter 1102[)], as required by Chapter 1102 and §535.211 of this title (relating to Professional Liability Insurance, or Any Other Insurance that Provides Coverage for Violations of Subchapter G of Texas Occupations Code, Chapter 1102). (b)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. An applicant for an apprentice inspector license must provide the commission with the applicant's photograph and signature prior to issuance of a license certificate. [An applicant for a real estate or professional inspector license must provide the commission with the applicant's signature prior to issuance of a license certificate. An applicant may provide the required item(s) prior to the submission of an electronic application.] [(c)The Texas Real Estate Commission adopts by reference the following forms approved by the commission. These forms are published by and available from the Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188:] [(1)Inspection Log, Form REI 1-3;] [(2)Application for a License as an Apprentice Inspector, Form REI 2-7;] [(3)Application for a License as a Real Estate Inspector, Form REI 4-9;] [(4)Application for a License as a Professional Inspector, Form REI 6-9; and] [(5)Certificate of Insurance, Form REI 8-1.] (c)[(d)] An application shall be considered void and subject to no further evaluation or processing when one of the following events occurs. (1)The applicant fails to satisfy a current education requirement or [required] examination requirement within six months from the date the application is accepted for filing. (2)The applicant fails to provide information or documentation within 60 days after the commission makes written request for the information or documentation. (3)The applicant fails to submit a required fee within twenty (20) [60] days after the commission makes written request for payment of the fee. (4)The applicant fails to submit the required proof of professional liability insurance, or any other insurance that provides coverage for violations of Subchapter G of Chapter 1102, within 60 days after the commission makes written request for proof of insurance. (d)[(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. (e)[(f)] 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 Commencement of ADR [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.] (f)[(g)] 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 May 24, 2010
TRD-201002838 Loretta R. DeHay
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: July 11, 2010
For further information, please call: (512) 465-3926
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