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(E)At least 30 days before the expiration of a person's license or certification, the Department shall send written notice of the impending expiration to the person at the person's last known address according to the records of the Department. (F)Each inspector shall at all times keep the Department informed of the inspector's current address. Such address shall be included in each original application and renewal application. In the absence of the submission of a specific written request to change that address, which must be separate from any other submission, the inspector's current address is presumed to be the address on the most recent renewal or original application form, whichever is latest. Such address shall be considered the inspector's last known address for the purposes of notice to the inspector by the Department. Any request for a change of address shall be addressed to the Inspections and Fire Safety Section of the Property and Casualty Program, Texas Department of Insurance, 333 Guadalupe, P.O. Box 149104, Austin, Texas 78714-9104. (4)Persons Not Eligible for Certification or Licensing. The following individuals may not be certified or licensed as qualified inspectors under this program. (A)Individuals employed by an insurance company except local recording agents, solicitors or insurance adjusters; (B)Individuals employed by the Department; or (C)Individuals whose qualifying license under paragraph (1)(A) of this subsection has been revoked or suspended. (5)Persons Authorized To Perform Inspections. An inspection of residential property for the purposes of determining property condition insurability pursuant to Article 5.33B, Insurance Code, and this plan of operation shall only be performed by an individual licensed or certified by the Department as a qualified inspector in accordance with this subsection. (j)Denial, Suspension, Cancellation or Revocation of an Inspector's Certification or License. (1)The Commissioner may discipline a licensee or certificate holder or deny an application for inspector's license or certification if the Commissioner finds that the licensee or applicant: (A)Has knowingly, willfully, fraudulently, or with gross negligence, signed or cause to be prepared an inspection report or issued a Certificate of Insurability that contains a false, fictitious, or fraudulent statement or entry; (B)Has willfully violated any provision of the insurance laws of this State; (C)Has intentionally made a material misstatement in the application for such license or certification; (D)Has obtained, or attempted to obtain, such license or certification by fraud or misrepresentation; (E)Has been guilty of fraudulent or dishonest acts; or (F)Is convicted of a felony. (2)After notice and opportunity for a hearing, the Commissioner may cancel or revoke any license or certification issued under this section if the holder or possessor of the license or certification is found to be in violation of, or to have failed to comply with, any provisions of this section or any other rule or regulation of the Department or any specific provision of the Texas Insurance Code. In lieu of cancellation or revocation, the Commissioner, upon determination from the facts that it would be fair, reasonable or equitable, may order one or more of the sanctions specified in subparagraphs (A) - (D) of this paragraph. (A)The Commissioner may order the suspension of the license or certification for a specific period, not to exceed one year. (B)The Commissioner may issue an order directing the holder or possessor of the license or certification to cease and desist from the specified activity determined to be in violation of any provisions of this section or any rule or regulation of the Department or any specific provision of the Texas Insurance Code. (C)The Commissioner may issue an order directing the holder or possessor of the certification or license to pay an administrative penalty in accordance with Chapter 84 of the Insurance Code. (D)The Commissioner may order any other statutory sanction that may be enacted pursuant to the Insurance Code, Article 5.33B. (3)If it is found after notice and hearing that any person approved and appointed by the Commissioner to conduct inspections pursuant to this section and Article 5.33B of the Insurance Code has failed to comply with an order lawfully issued by the Commissioner pursuant to this section or Article 5.33B of the Insurance Code, the Commissioner shall, unless the Commissioner's order is lawfully stayed, cancel the license or certification. (4)The Commissioner may informally dispose of any matter under this subsection by consent order or default. (k)Complaint Procedures. (1)The Department shall have the responsibility for handling and processing all complaints relating to property inspections conducted under the Voluntary Inspection Program that have not been resolved within 30 days after receipt by the qualified inspector. (2)All complaints as specified in paragraph (1) of this subsection shall be forwarded by the qualified inspector to the Department's Inspections and Fire Safety Section. The Inspections and Fire Safety Section shall immediately notify the complainant that the complaint has been forwarded to the Department's Inspections and Fire Safety Section. (3)All forwarded complaints and all complaints submitted directly to the Department shall be assigned to and handled by the Department's Inspections and Fire Safety Section. (4)The qualified inspector shall provide assistance in handling complaints as requested by the Department's Inspections and Fire Safety Section. (5)Until final disposition of any complaint that is forwarded to the Department by a qualified inspector or that is submitted directly to the Department, the complainant shall be notified by the Department's Inspections and Fire Safety Section of the status of the complaint at 30-day intervals. (6)Any affected insured, any affected insurer, or any affected qualified inspector may appeal the Inspections and Fire Safety Section staff disposition of any complaint to the Commissioner within 30 days after such disposition. (l)Forms. The Department adopts by reference the Voluntary Inspection Program forms. Specimen copies of these forms are available from the Inspections and Fire Safety Section of the Property and Casualty Program, Texas Department of Insurance, 333 Guadalupe Street, P.O. Box 149104, Austin, Texas 78714-9104. The forms are more specifically identified as follows: (1)Form VIP-1, Certificate of Insurability. (2)Form VIP-2, Residential Property Condition Evaluation Report. (3)Form VIP-3, Application for Residential Property Inspector License/Certification. (4)Form VIP-4, License. (5)Form VIP-5, Certificate. (6)Form VIP-6, Renewal Application.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on October 25, 2006
TRD-200605867 Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Effective date: November 14, 2006
Proposal publication date: August 18, 2006
For further information, please call: (512) 463-6327
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