Texas Register

RULE §535.208Application for a License
ISSUE 09/01/2000
ACTION Proposed
Preamble Texas Admin Code Rule

(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. 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)(No change.)

  (2)satisfies any experience or education requirements established by the Real Estate License Act (the Act), §23, or by these sections [ , providing written proof from the course provider that successful completion of a final course examination or other form of final evaluation was required for course credit];

  (3)-(4)(No change.)

(b)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. Within 60 days after paying the fee, the applicant must complete the application process by submitting to the commission a printed copy of the application signed by the applicant and any sponsoring inspector and including a photograph of the applicant. If the applicant does not complete the application process as required by this subsection, the commission shall terminate the application.

(c) [(b)]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) [(1)]Application for a License as an Apprentice Inspector, Form REI 2-6 [2-5];

  (3) [(2)]Application for a License as a Real Estate Inspector, Form REI 4-7 [4-6]; and

  (4) [(3)]Application for a License as a Professional Inspector, Form REI 6-7 [6-6].

(d) [(c)] 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 required examination 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 60 days after the commission makes written request for payment of the fee.

(e) [(d)]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 the Act, §10 and §533.34 of this title (relating to Disapproval of an Application for a License or Registration) [§535.224 of this title (relating to Proceedings before the Committee)]. 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) [(e)] 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 August 18, 2000


Mark A. Moseley

General Counsel

Texas Real Estate Commission

Earliest possible date of adoption: October 1, 2000

For further information, please call: (512) 465-3900

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