An inspector who files an application for reinstatement of an expired license within two years of the expiration date of the previous license must provide evidence satisfactory to the Commission that the applicant has completed any continuing education that would have been otherwise required for timely renewal of the previous license had that license not expired. A developer may file an application to amend a registration before the occurrence of the change. Absent good cause, a case that is not dismissed or resolved by an advisory letter or agreed order must be set for a hearing at the State Office of Administrative Hearings not later than one year after the complaint is filed with the Commission. For purposes of subsection (h) of this section, a single-family residential unit includes a single family home or a unit in a condominium, co-operative, row-home or townhome. The Commission adopts by reference the following forms to be used in connection with the registration, amendment, or renewal of a timeshare plan: Application to Register a Timeshare Plan, Form TSR 1-6; Application to Amend a Timeshare Registration, Form TSR 2-6; Application for Abbreviated Registration of a Timeshare Plan, Form TSR 3-4; Application for Pre-sale Authorization, Form TSR 4-0; Consent to Service of Process, Form TSR 7-0; and. To be eligible for registration, an applicant must: comply with the fingerprinting and education requirements of the Act; 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. For the purposes of Chapter 53, Texas Occupations Code, the Commission considers that a deferred adjudication deemed a conviction under 53.021, or a conviction of the following criminal offenses, directly relate to the duties and responsibilities of a professional inspector, real estate inspector, apprentice inspector, and easement or right-of-way agent for the reason that the commission of the offenses tends to demonstrate the person's inability to represent the interest of another with honesty, trustworthiness, and integrity: offenses involving aiding and abetting the commission of an offense listed in this section; and. any assumed business name that meets the requirements of 535.154. Forms adopted by reference in this section are published by and available from the Texas Real Estate Commission at P.O. In addition to the aforementioned requirements, each licensed holder is required to have 16 hours of continuing education credit hours. (In Texas, license holders cannot provide an opinion of value but are allowed to provide estimates of price. This presumption is rebuttable. To be approved by the Commission, the Standards of Practice Review course shall contain the topics and the units outlined in the SOP-1, CE Course Approval Form, Standards of Practice Review, hereby adopted by reference. attic space ventilation that is not performing; deflections or depressions in the roof surface as related to adverse performance of the framing and decking; and, attic access ladders and access openings; and. If, after allocating the actual damages and interest thereon as provided by paragraphs (1) and (2) of this section, the limitations in 1101.610 of the Act are not reached, other interest, attorney fees, and court costs shall be allocated third. The presiding member may announce reasonable time limits for any oral arguments to be presented by the parties. Initial appointments may be made for terms shorter than six or two years, respectively, in order to establish staggered terms. Here are some key items to look for: 1. The commission will not grant partial credit to an inspector who attends a portion of a course. providing proof of financial responsibility on a form approved by the Commission. If the Commission determines that a qualifying course should be revised, a provider must: submit the course application and approval forms including all materials required; and. A provider may not give credit to a student who fails a final examination and a subsequent final examination as provided for in subsection (i) of this section. In support of the request, the protestor or appellant is required to show why a stay is necessary and that harm to the Agency will not result from the stay. If the Commission determines that a registration, if amended in the manner indicated in an application to amend a registration, would continue to satisfy all requirements for registration, the Commission shall promptly notify the applicant in writing that the registration has been amended, specifying the effective date of the amendment. The Commission may request supporting documentation evidencing the legal authority to use the alternate name if the last name submitted is different from the last name shown on the license issued by the Commission. Executive Director-The Executive Director of the Texas Real Estate Commission. a drop, weatherhead or mast that is not securely fastened to the building; the absence of or deficiencies in the grounding electrode system; missing or damaged dead fronts or covers plates; conductors not protected from the edges of electrical cabinets, gutters, or cutout boxes; electrical cabinets and panel boards not appropriate for their location; such as a clothes closet, bathrooms or where they are exposed to physical damage; electrical cabinets and panel boards that are not accessible or do not have a minimum of 36-inches of clearance in front of them; electrical cabinets, gutters, cutout boxes, and panel boards; the insulation of the service entrance conductors, drip loop, separation of conductors at weatherheads, and clearances; the compatibility of overcurrent devices and conductors; the overcurrent device and circuit for labeled and listed 250 volt appliances; the operation of installed ground-fault or arc-fault circuit interrupter devices; and. Knowledge is information developed or learned through experience, study or investigation. A provider may remove a student and not award credit if a student does not participate in class, or disrupts the orderly conduct of a class, after being warned by the provider or the instructor. All final examinations must be closed book. Forms and affidavits required to be used to report experience under this section are adopted by reference, published by and available from the Texas Real Estate Commission, P.O. Study with Quizlet and memorize flashcards containing terms like The TREC-required disclosure that license holders must provide when giving consumers a CMA or BPO specifically states that the figure in their report is not the same as _____., Sheila is a Texas license holder, and she wants to consult with a civil engineer and architect to help her build geographic competency in her area. Qualified contractors can submit applications for renewal of contractor's certificate of competency/eligibility by using our online Contractor License Renewal application. If an approved provider fails to give the notice set out in paragraph (8) of this subsection, the provider shall allow the student to take the revised or supplemented course at no additional charge. The inspector should conduct the inspector's business in a manner that will assure the client of the inspector's independence from outside influence and interests that might compromise the inspector's ability to render a fair and impartial opinion regarding any inspection performed. Courses submitted for inspector continuing education credit must be successfully completed during the term of the current license holder. Limited reciprocity for military spouses. Non-elective CE courseA continuing education course, for which the subject matter of the course is specifically mandated by the Act, Chapter 1102, or Commission rule, that a license holder is required to take prior to renewal of a license. All notes taken during the mediation conference will be destroyed at the end of the process. A URL to the Commission website's Education Provider Exam Passage Rate page labeled "TREC Provider Exam Pass Rates" for non-digital media; promoting the provider directly or indirectly as a job placement agency, unless the provider is participating in a program recognized by federal, state, or local government and is providing job placement services to the extent the services are required by the program; making any statement which is misleading, likely to deceive the public, or which in any manner tends to create a misleading impression; advertising a course under a course name other than the course name approved by the Commission; or. The same broker may be the sponsor the salesperson for both periods under subsection (c) of this section. has passed the National Home Inspector Examination developed by the Examination Board of Professional Home Inspectors. The Commission will not renew a license issued to a business entity unless the business entity: has designated a corporate officer, an LLC manager, an LLC member with managing authority, or a general partner who: is a licensed broker in active status and good standing with the Commission; and. if the designated broker does not own at least 10 percent of the business entity, proof that the business entity maintains errors and omissions insurance: in at least the minimum coverage limits required by the Act; and. Only Texas license holders may handle negotiations physically conducted within Texas. "Veteran" means a person who has served as a military service member and who was discharged or released from active duty. Any hearing on denial of a license will be conducted in accordance with 1101.364 of the Act and Chapter 533 of this title. All communications in the mediation between parties and between each party and the mediator are confidential. Each registrant shall, before a party in a transaction other than the party the registrant represents is obligated to sell, buy, lease, or transfer a right-of-way or easement, provide to the party a copy of TREC No. RSC-3, Disclosure of Relationship with Residential Service Company, approved by the Commission for use by license holders to disclose payments received from a residential service company. For the purposes of 221.023 and subsections (b)(26), (c)(9) and (d)(32) of 221.032 of the Texas Timeshare Act, a developer shall file amendments to the registration reporting to the Commission any material or materially adverse change in any document contained in a registration. For real estate CE courses, examinations are only required for non-elective CE courses and must comply with the requirements in 535.72(g) of this subchapter (relating to Approval of Non-elective Continuing Education Courses) and have a minimum of four questions per course credit hour. An Instructor of a ride-along inspection course is eligible to receive continuing education credit for a ride-along inspection course conducted by the instructor if the Commission is provided a certification of course completion within one week of completion of the course, on a form approved by the Commission. Terms for a probationary certificate may include any of the following: that the probationary certificate holder comply with the Act and with the rules of the Commission; that the probationary certificate holder fully cooperate with the Commission in the investigation of any complaint filed against the certificate holder; that the probationary certificate holder attend a prescribed number of classroom hours in specific areas of study during the probationary period; that the probationary certificate holder limit acts as an easement or right-of-way agent as prescribed in the order; that the probationary certificate holder report regularly to the Commission on any matter which is the basis of the probationary certificate; that the probationary certificate holder comply with any other terms contained in the order which have been found to be reasonable and appropriate by the Commission after consideration of the circumstances involved in the particular application; or. A sales agent applicant must attain a passing score of at least 70% in each portion of the sales agent licensing examination. If after investigation of a possible violation and the facts surrounding that possible violation the Commission determines that a violation has occurred, the Commission may issue a written Notice of Alleged Violation to the respondent. The inspector shall report as Deficient: the absence of a dryer exhaust system when provisions are present for a dryer; ducts that do not terminate to the outside of the building; ducts that are not made of metal with a smooth interior finish. inspection guidelines for optional systems. A person may acquire an option or enter into a contract to purchase real property and then sell or offer to sell the option or assign or offer to assign the interest in the contract without having a real estate license if the person: does not use the option or contract to purchase to engage in real estate brokerage ; and. a business entity licensed by the Commission has any unpaid or past due monetary obligations to the Commission, including administrative penalties and Real Estate Recovery Trust Account payments, that were incurred while the broker was the designated broker for the entity. A broker may only authorize another license holder to withdraw or transfer money from any trust account but the broker remains responsible and accountable for all trust money received by that broker and all deposits to or disbursements from the trust account. For the purposes of Chapter 53, Texas Occupations Code, the Texas Real Estate Commission (the Commission) considers that a deferred adjudication deemed a conviction under 53.021 or a conviction of the following criminal offenses directly relates to the duties and responsibilities of a real estate broker and real estate sales agent because committing these offenses tends to demonstrate a person's inability to represent the interest of another with honesty, trustworthiness, and integrity: offenses involving fraud or misrepresentation; offenses involving forgery, falsification of records, or perjury; offenses involving the offering, paying, or taking of bribes, kickbacks, or other illegal compensation; offenses against real or personal property belonging to another; offenses involving the sale or other disposition of real or personal property belonging to another without authorization of law; offenses in violation of Chapter 21, Texas Penal Code (sexual offenses); offenses for which the person has been required to register as a sex offender under Chapter 62, Texas Code of Criminal Procedure; felonies involving the manufacture, delivery, or intent to deliver controlled substances; offenses of attempting or conspiring to commit any of the foregoing offenses; offenses involving aiding and abetting the commission of an offense listed in this section; repeated violations of one criminal statute or multiple violations of different criminal statutes; and. The Executive Director or the Executive Director's designee may, in their discretion, refer the matter to the Commission at a regularly scheduled open meeting or issue a final written determination. the property owner has signed a written consent that sets out in bold print in at least 12-point font that: the property owner is aware that unescorted access may occur; and. The testing service may refuse to admit an applicant who arrives after the time the examination is scheduled to begin or whose conduct or demeanor would be disruptive to other persons taking examinations at the site. Actual damages shall be allocated first. Mechanical systems; Texas SOP exclusions and unique reporting requirements - 400 minutes. Non-elective CE courses are approved and regulated under 535.72 of this subchapter (related to Approval of Non-elective Continuing Education Courses). that the probationary license holder comply with any other terms contained in an order from any other court or administrative agency under which the probationary license holder is bound. "Military service member" means a person who is on current full-time military service in the armed forces of the United States or active duty military service as a member of the Texas military forces, as defined by Section 437.001, Government Code, or similar military service of another state. "Assumed business name" (commonly known as a DBA or trade name) means any name used in business by a broker that meets the requirements of subsection (d), other than the name shown on the broker's license issued by the Commission, a team name, or an alternate name. Conduct a market study. Texas Standards of Practice Module (24 hours), which shall contain the following topics, the units of which are outlined in the Texas Standards of Practice Module Qualifying Real Estate Inspector Course Approval Form: Structural systems; Texas SOP exclusions and unique reporting requirements - 400 minutes; Electrical systems; Texas SOP exclusions and unique reporting requirements - 400 minutes; and.
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