(a)A person who intends to be registered by the Commission as an easement or right-of-way agent must: (1)file an application for the certificate: (A)through the online process approved by the Commission; or (B)on the form prescribed by the Commission for that purpose; and (C) submit the required fee under §535.404 of this subchapter. (2)The Commission will reject an application submitted without a sufficient filing fee. (3)The Commission may request additional information be provided to the Commission relating to an application. (b)General Requirements for Licensure. (1)To be eligible for a real estate license, an applicant must: (A)meet the following requirements at the time of the application: (i)be 18 years of age; (ii) meet any applicable residency requirement; (iii)be a citizen of the United States or a lawfully admitted alien; (B) comply with the fingerprinting requirements of the Act; (C)meet the honesty, trustworthiness, and integrity requirements under the Act; (D)If the applicant is an individual, the applicant must provide the Commission with the individual's photograph not older than two years and signature before issuance of a registration certificate. The person may provide the photograph before the submission of an electronic application; and (E)If the applicant is a business entity, the applicant must designate one of its managing officers who is registered under this title as agent for the business entity. (2)Texas residents who enter military service and resume their Texas residence immediately upon separation from the military are not considered to have lost their Texas residence unless they have affirmatively established legal residence elsewhere. (3)The fact that an individual has had disabilities of minority removed does not affect the requirement that an applicant be 18 years of age to be eligible for a license. (c)The Commission will assign a registration number to each registrant and provide each registrant with a certificate of registration. Each registration issued by the Commission is valid until the last day of the month two years after the date the registration was issued. (d)Termination of application. An application is terminated and is subject to no further evaluation or processing if the applicant fails to satisfy the requirements of subsection (b)(1) of this section within one year from the date the application is filed. (e)The Commission may disapprove an application for registration with written notice to the applicant if the applicant has been convicted of a criminal offense which is grounds for disapproval of an application under §541.1 of this title or the applicant has engaged in conduct prohibited by the Act. Provided a timely written request for a hearing is made by the applicant in accordance with the Act, an applicant whose application for registration has been disapproved is entitled to a hearing. The hearing on the application will be conducted in accordance with §1101.364 of the Act and Chapter 533 of this title. (f)Each registrant shall display the certificate of registration issued by the Commission in a prominent location in the registrant's place of business, as required by §1101.507 of the Act. If the registrant maintains more than one place of business, the registrant shall display either the certificate or a copy of the certificate in each place of business. (g)Each registrant shall provide a mailing address, phone number, and email address, if available, to the Commission and shall report all subsequent changes not later than the 10th day after the date of a change of any of the listed contact information. If a registrant fails to update the contact information, the last known contact information provided to the Commission is the registrant's contact information. [(a)An individual desiring to be registered by the commission as an easement or right-of-way agent must file an application on form ERW 1-3 approved by the commission. If the applicant is a business, the applicant must file form ERW 2-3. All applicants must submit the required fee. The commission will not accept an application which has been submitted without the correct filing fees or which has been submitted in pencil. A person also may apply for registration 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. If the person is an individual, the person must provide the commission with the person's photograph and signature prior to issuance of a registration certificate. The person may provide the photograph prior to the submission of an electronic application. If the applicant does not complete the application process as required by this subsection, the commission shall terminate the application.] [(b)After the commission has accepted an application for filing, the commission shall process the application and promptly issue a certificate of registration, request any information required to complete the registration, or advise the applicant that the application has been terminated or disapproved, as the case may be.] [(c)The commission shall assign a registration number to each registrant and shall provide each registrant with a certificate of registration. Each registration issued by the commission is valid until the last day of the month one year from the day the registration was issued. Each registrant shall display the certificate of registration issued by the commission in a prominent location in the registrant's place of business, as required by the Act, §1101.507. If the registrant maintains more than one place of business, the registrant shall display either the certificate or a copy of the certificate in each place of business.] [(d)The commission may terminate an application with written notice to the applicant for failure to submit information or documentation within 60 days after the commission makes written request for the information or documentation.] [(e)The commission may disapprove an application for registration with written notice to the applicant 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) or the applicant has engaged in conduct prohibited by the Act. Provided a timely written request for a hearing is made by the applicant in accordance with the Act, §1101.364, an applicant whose application for registration has been disapproved is entitled to a hearing. The hearing on the application will be conducted in accordance with the provisions of the Act, §1101.364, and Chapter 533 of this title (relating to Practice and Procedure).]
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-201404065 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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