(a)For the purposes of this section, an "inactive" inspector is a licensed professional inspector, real estate inspector, or apprentice inspector who is not authorized by law to engage in the business of performing real estate inspections as defined by Chapter 1102.[, and who has been placed] (b)The Commission may place an inspector on inactive status [by the commission] for any of the following reasons: (1)the written request of the inspector to be placed on inactive status; or (2)the inspector's failure to satisfy continuing education requirements. In addition, the inspector's license is inactive when the following occurs: (A)[(2)] termination of sponsorship by a professional inspector; (B)[(3)] the death of the inspector's sponsoring professional inspector; (C)[(2) the failure of the licensee to satisfy continuing education requirements for an active license;] (D)[(2)] the expiration, suspension, or revocation of the license of the inspector's sponsoring professional inspector; (E)[(6)] the failure of the license holder [licensee] to provide to the Commission [ commission] proof of financial responsibility as required by Chapter 1102 and on a form approved by the Commission for that purpose [professional liability insurance or any other insurance that provides coverage for violations of Subchapter G of Chapter 1102]; or (F)[(7)] the expiration or non-renewal of the inspector's financial responsibility as required by Chapter 1102 [professional liability insurance or any other insurance that provides coverage for violations of Subchapter G of Chapter 1102.] (c)[(b)] To be placed on inactive status by request, an inspector must do the following: (1)file a request for inactive status or submit a letter containing the inspector's name, license number and current mailing address; and (2)if the inspector is a licensed professional inspector, confirm in writing that the inspector has, at least 30 days prior to filing the request for inactive status, given any real estate inspectors or apprentice real estate inspectors sponsored by the inspector written notice that the inspector will no longer be their sponsor. (d)[(c)] A professional inspector [who has been placed] on inactive status may apply to the Commission [commission] for return to active status by filing a request online or on a form approved by the Commission [ commission] and submitting any required fee. A professional inspector may apply on a form approved by the Commission [ commission] to sponsor an apprentice inspector or real estate inspector who has been on inactive status. The Commission [ commission] may not return an inspector to active status or issue a license certificate to the inspector unless the inspector has completed, within two years before [prior to the] filing the request for return to active status, any applicable continuing education courses required for renewal of the type of license held by the inspector, or satisfied the continuing education requirements in order to obtain the current license. (e)[(d)] An inspector who applies to renew a license and pays the applicable fee, but who fails to complete any continuing education required by the Act as a condition of license renewal, shall be placed on inactive status by the Commission [ commission]. The inspector must comply with the requirements of this section in order to return to active status. (f)[(e)] If a professional inspector terminates the sponsorship of an apprentice [real estate] inspector or real estate inspector, the license of the apprentice inspector or real estate inspector immediately becomes inactive. [The apprentice real estate inspector or real estate inspector must be sponsored by a professional inspector in order to return to active status.] (g)[(f)] Inactive inspectors may not perform inspections. Performance of inspections while on inactive status is grounds for disciplinary action against the inactive license holder. A [licensee. An] professional inspector who has been placed on inactive status may not return to practice or sponsor apprentices or inspectors until the professional inspector has completed applicable continuing education requirements and, if the inspector was placed on inactive status at the inspector's own request, applied to the Commission [commission] for return to active status and paid the applicable fee for the filing. An apprentice inspector or real estate inspector who has been placed on inactive status may return to practice if the inspector has completed applicable continuing education requirements, and the inspector's sponsoring professional inspector has requested that the apprentice inspector or real estate inspector be returned to active status under the professional inspector's sponsorship in accordance with the provisions of this section. It is a violation of this section and grounds for disciplinary action against a professional inspector for the professional inspector to permit an inactive apprentice inspector or an inactive real estate inspector to perform inspections in association with, or on behalf of, the professional inspector.
The agency certifies that legal counsel has reviewed
the proposal and found it to be within the state agency's legal authority
to
adopt.
Filed
with the Office of the Secretary of State on August 25, 2014
TRD-201404056 Kerri Lewis
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: October 5, 2014
For further information, please call: (512) 936-3092
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