Texas Register

TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER ILICENSES
RULE §535.92Renewal: Time for Filing; Satisfaction of Mandatory Continuing Education Requirements
ISSUE 06/01/2012
ACTION Proposed
Preamble Texas Admin Code Rule

(a) - (f)(No change.)

(g)Notwithstanding any provisions of the Act to the contrary, when a licensee in an active status files a timely application to renew a current license and has satisfied all requirements other than the completion of applicable MCE requirements, the commission shall renew the current license in an active status.

  (1)If the licensee has not completed MCE requirements prior to the expiration of the current license, the licensee must, within 60 days after the effective date of the new license, pay an additional MCE deferral fee [of $200] AND complete the required number of MCE hours.

  (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 required number of MCE hours and paid the MCE deferral fee [of $200], the renewed license shall be placed on inactive status.

  (3)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 required MCE hours;

    (B)certify, on a form acceptable to the commission, that the licensee has not engaged in activity requiring a license at any time after the license became inactive;

    (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;

    (D)if the license was placed on inactive status because the licensee failed to timely pay the [$200] MCE deferral fee required by paragraph (1) of this subsection, the licensee must, because the licensee received the benefits of the 60-day deferral, pay the [$200] MCE deferral fee; and

    (E)pay a late reporting fee [of $250].

  (4)(No change.)

(h) - (m)(No change.)

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 14, 2012

TRD-201202404

Loretta R. DeHay

General Counsel

Texas Real Estate Commission

Earliest possible date of adoption: July 1, 2012

For further information, please call: (512) 936-3092



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