(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 [does not] engage in the business of performing real estate inspections as defined by Texas Civil Statutes, Article 6573a, §23, (the Act), and who has been placed on inactive status by the commission for any of the following reasons: [either at the inspector's request, or as otherwise provided by this section]. (1)the written request of the inspector to be placed on inactive status; (2)termination of sponsorship by a professional inspector; (3)the death of the inspector's sponsoring professional inspector; (4)the failure of the licensee to satisfy continuing education requirements for an active license; or (5)the expiration, suspension, or revocation of the license of the inspector's sponsoring professional inspector (b)-(e)(No change.) (f)Inactive inspectors may not perform inspections. Performance of inspections while on inactive status is grounds for disciplinary action against the inactive licensee. A 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 for return to active status and paid the applicable fee for the filing [received a new license certificate from the commission]. 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.
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 September 17, 2001
TRD-200105541 Mark A.
Moseley
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: October 28, 2001
For further information, please call: (512) 465-3900
|
