(a)Renewal application. (1)A registration expires on the date shown on the face of the registration issued to the license holder. (2)If a license holder intends to renew an unexpired registration, the license holder must, on or before the expiration date of the current registration: (A)file a renewal application through the online process on the Commission's website or on the applicable form approved by the Commission; (B)submit the appropriate fee required by §535.404 of this title; (C)comply with the fingerprinting requirements under the Act; and (D)comply with the policies established by the Texas Education Code, §57.491 regarding default of a student loan. (b) Failure to provide information requested by the Commission in connection with a renewal application is grounds for disciplinary action under§1101.653 of the Act. (c) A registrant who fails timely to pay a renewal fee must apply for and receive a new registration in order to act as an easement or right-of-way agent. (d)The Commission will deliver a registration renewal notice to a license holder three months before the expiration of the license holder's current registration. Failure to receive the certificate renewal notice does not relieve a certificate holder of the obligation to renew a certificate. (e) The Commission is not required to notify a business entity such as a corporation, limited liability company, or partnership that has failed to designate an officer, manager, or general partner who meets the requirements of §1101.502 of the Act. The Commission may not renew a registration issued to a business entity that has not designated an officer, manager, or general partner who meets the requirements of the Act. (f)When the last day of the renewal period falls on a non-business day, a renewal application is timely filed when the application is received not later than the first business day following the last day of the renewal period. "Non-business" days are Saturday, Sunday, and any other day upon which the Commission offices are closed due to a state holiday designated in the General Appropriations Act or by other law. [(a)The commission shall establish a time period for renewal of each registration, which shall end with the expiration date of the current registration. Each registrant has the responsibility to apply for renewal of a registration by making proper application as specified by this section. Applications must be made on the current renewal application form approved by the commission accompanied by the required fee. Failure to receive a registration renewal application form from the commission does not relieve a registrant of the obligation to obtain the appropriate form and to apply for renewal to maintain registration. A registrant also may renew an unexpired registration by accessing the commission's Internet web site, entering the required information on the renewal application form and paying the appropriate fee in accordance with the instructions provided at the site by the commission. Failure to provide information requested by the commission in connection with a renewal application is grounds for disciplinary action under the Act, §1101.653. A registrant who fails timely to pay a renewal fee must apply for and receive a new registration in order to act as an easement or right-of-way agent.] [(b)The commission shall advise each registrant of the time period for filing a renewal application and paying the renewal fee by mailing a renewal application form to the registrant's last known permanent mailing address as shown in the commission's computerized records at least three months before expiration of the current registration. Each registrant shall furnish a permanent mailing address to the commission and report a change in permanent mailing address within 10 days after the change occurs. If a registrant fails to provide a permanent mailing address, the last known mailing address for the registrant will be deemed to be the registrant's permanent mailing address. The commission shall have no obligation to so notify a business entity such as a corporation, limited liability company or partnership, that has failed to designate an officer, manager or partner who meets the requirements of §1101.502 of the Act. The commission may not renew a registration issued to a business entity unless the entity has designated an officer, manager or partner who meets the requirements of the Act.] [(c)An application for renewal will be deemed to have been timely filed if it shows a postmark on or before the expiration date of the registration. When the last day of the renewal period falls on a non-business day, renewal applications also will be deemed to have been timely filed if received or postmarked no later than the first business day following the last day of the renewal period. "Non-business" days are Saturday, Sunday and any other day upon which the commission offices are closed due to a state holiday designated in the General Appropriations Act or by other law.] [(d)Renewals by registrants who are on active duty in the United States armed forces or who are subject to the provisions of the Texas Education Code, §57.491, concerning certain student loans also will be governed by §535.92 of this title (relating to Renewal: Time for Filing; Satisfaction of Mandatory Continuing Education Requirements).]
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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