providing a link to it labeled "Texas Real Estate Commission Consumer Protection Notice", in at least a 10 point font, in a readily noticeable place on the homepage of the business website of the registrant. federally related mortgage loan originator; a person who provides services involving hazard, flood, or other casualty insurance, homeowner's warranties, or residential service contract; An inspector shall not pay or receive a fee or other valuable consideration to or from any other settlement service provider for, but not limited to, the following: inclusion on a list of inspectors, preferred providers, or similar arrangements; or. If the respondent signs and accepts the proposed agreed order, it shall be signed by the staff attorney and submitted to the Executive Director for approval. The commission will not grant partial credit to an inspector who attends a portion of a course. Protests of purchases made by the TFC on behalf of the Agency are addressed in 1 TAC Chapter 111, Subchapter C (relating to Complaints and Dispute Resolution). An elective CE course expires two years from the date of approval. LicenseAny Commission license, registration, certificate, approval, or similar form of permission required by law. drainage around the foundation that is not performing; deficiencies in grade levels around the foundation; and. A real estate license expires on the date shown on the face of the license issued to the license holder. To reinstate an expired registration of the timeshare plan, a developer shall pay, in addition to the fee of $100 to renew a timeshare plan, an additional fee of $25 for each month the registration has been expired. Approval of currently approved courses by a secondary provider. There's no legislative basis for this rule. The report addresses a single system or component and is not intended as a substitute for a complete standard inspection of the property. A provider must ensure that an instructor who teaches continuing education courses is competent in the subject matter to be taught and has the ability to teach effectively. Legal/Ethics, which shall include the following topics: rules of the Commission related to inspectors; agency enforcement action relating to inspectors; and. Substantially completed means the stage of construction when a new building, addition, improvement, or alteration to an existing building can be occupied or used for its intended purpose. printed name and signature of an official of the provider on record with the Commission. Each professional inspector applicant must achieve a score of at least 75% on the state portion of the examination. 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. An entity is considered to be an owner if it holds record title to the property or has an equitable title or right acquired by contract with the record title holder. "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. Box 12188, Austin, Texas 78711-2188. Proceedings in contested cases are conducted in accordance with the Administrative Procedure Act, Texas Government Code, Chapter 2001 and Chapter 533 of this title. The giving of gifts as an inducement for prospective clients does not violate this section or 1101.652(b)(14) of the Act, but license holders when procuring prospects must otherwise comply with the provisions of 535.20 of this title. Nader Ale Ebrahim currently works as a "Research Visibility and Impact" consultant. report cosmetic damage or the condition of floor, wall, or ceiling coverings; paints, stains, or other surface coatings; cabinets; or countertops; or. A few days in the local marketplace will allow a you to build a profile of invaluable unique local information for you and your client. The use of a net listing places an upper limit on the principal's expectancy and places the broker's interest above the principal's interest with reference to obtaining the best possible price. Southeastern Surveying and Mapping Corporation, founded in 1972, is a 100% employee-owned company, providing services for land surveying and mapping, subsurface utility engineering, and geographic . A license holder acting on his or her own behalf or in a capacity described by subsection (a) shall not use the license holder's expertise to the disadvantage of a person with whom the license holder deals. The same broker may be the sponsor the salesperson for both periods under subsection (c) of this section. Box 12188, Austin, Texas 78711-2188, or www.trec.texas.gov. normal promotional or educational activity that is not conditioned on the referral of business and that does not involve the defraying of expenses that otherwise would be incurred; or. However an inspection does not require the use of: specialized equipment, including but not limited to: gas or carbon monoxide detection equipment; environmental testing equipment and devices; ladders capable of reaching surfaces over one story above ground surfaces; cameras or other tools used to inspect the interior of a drain or sewer line; or. Your body language doesn't just communicate with the world - it tells your brain what to feel. An appeal of the Chief Financial Officer's determination must be in writing and must be received in the office of the Executive Director or the Executive Director's designee no later than ten working days after the date of the Chief Financial Officer's determination. A copy of the Commission's rules concerning informal conferences shall be enclosed with the notice of the informal conference. It is a material violation of the Texas Timeshare Act for a developer to represent to a potential purchaser of a timeshare interest by advertising or any other means that a timeshare plan has been approved by the State of Texas or the Commission or to represent that the State of Texas or the Commission has passed upon the merits of a timeshare plan. the inspector's sponsoring professional inspector has requested that the apprentice inspector or real estate inspector be returned to active status on a form approved by the Commission. If a locator advertises more than one apartment unit in the same advertisement and lists amenities or features generally without providing the features or amenities available at a specific rent for a specific unit, the advertisement must include a statement having a meaning substantially equivalent to one of the following. A motion may be granted only if a majority of the Enforcement Committee members are present and vote in favor of the motion. A student shall complete all class makeup sessions no later than the 90th day after the date of the completion of the original course. Insufficient financial condition. If a party is represented by counsel, the Commission must direct the questions to the party's attorney. cooling or heating systems when weather conditions or other circumstances may cause equipment damage, including: cooling equipment when the outdoor temperature is less than 60 degrees Fahrenheit; and. meet the honesty, trustworthiness, and integrity requirements under the Act. Exceptions and replies are limited to items contained in the supplemental Proposal for Decision. The designated broker is responsible for all real estate brokerage activities performed by, on behalf of, or through a business entity. Failure to receive the certificate renewal notice does not relieve a certificate holder of the obligation to renew a certificate. 1102.303 acting in conflicting capacities, i.e. The Commission may deny an application for renewal of a registration if the registrant is in violation of the terms of a Commission order. providing or attempting to provide examination questions or answers to another person. failing to provide information requested by the Commission or its authorized agent in course of an investigation of a complaint by the 14th day after the date of the request. Upon successful completion of a qualifying course, a provider shall issue a course completion certificate that a student can submit to the Commission. A person must be licensed as a broker to operate a rental agency. Report information accurately and . A copy of the college transcript awarding the degree must be submitted as evidence of completion of the degree. Fireplaces, fuel-burning appliances, and their chimney and vent systems; assessing defects and issues that may affect people or the performance of the building - 200 minutes. eight hours of non-elective coursework in legal, ethics, SOPs, and report writing consisting of the following coursework: 4 hours of Standards of Practice Review; and. deficiencies in installed gutter and downspout systems. What the Flip is 'Geographic Competency?' - Appraisers Blogs Required revision of a currently approved non-elective CE course. A student shall complete the subsequent final examination no later than the 90th day after the date the original class concludes. Business Operations and Professional Responsibilities Module (10 hours), which shall contain the following topics, the units of which are outlined in the Business Operations and Professional Responsibilities Qualifying Real Estate Inspector Course Approval Form: Elements of the written inspection contract and the rights and responsibilities of the inspector and the client - 250 minutes; and. In that case, the Commission's staff may move either for dismissal of the case from SOAH's docket or for the issuance of a default Proposal for Decision by the administrative law judge. It is not a material violation of the Texas Timeshare Act for a registrant to represent that a timeshare plan has been registered if the registrant discloses at the same time and in the same manner that the State of Texas and the Commission have not approved the timeshare plan or passed upon the merits of the timeshare plan. CN 1-4. Approval of Inspector Qualifying Courses. The following acts committed by an approved provider or qualified instructor acting on behalf of the provider, are grounds for disciplinary action by the Commission against the provider: procuring or attempting to procure approval for a provider or course by fraud, misrepresentation or deceit, or by making a material misrepresentation of fact in an application filed with the Commission; making a false representation to the Commission, either intentionally or negligently, that a person had attended a course or a portion of a course for which credit was awarded, that a person had completed an examination, or that the person had completed any other requirement for course credit; aiding or abetting a person to circumvent the requirements for attendance established by these sections, the completion of any examination, or any other requirement for course credit; failing to provide, not later than the 15th day after the date of a request, information requested by the commission as a result of a complaint which would indicate a violation of these sections; making a materially false statement to the Commission in response to a request from the Commission for information relating to a complaint against the approved provider; disregarding or violating a provision of this Chapter or the Act; or. Receiving continuing education credit for ride-along inspection course. Federal Register, Volume 79 Issue 111 (Tuesday, June 10, 2014) deficiencies in the performance of the cooling system that: fails to achieve a 15 degrees Fahrenheit to 22 degrees Fahrenheit temperature differential; or. there is insufficient evidence to prove a case at a hearing. Provided the license holder meets all the requirements of this subsection, the Commission will renew the license in an active status. RespondentAny person, licensed or unlicensed, who has been charged with violating a law that establishes a regulatory program administered by the Commission or a rule or order issued by the Commission. A provider shall establish written policies governing refunds and contingency plans in the event of course cancellation. test arc-fault circuit interrupter devices when the property is occupied or damage to personal property may result, in the inspector's reasonable judgment. An accredited college or university is not exempt from approval for real estate and real estate inspection CE programs and courses and must comply with all requirements for approval for providers, courses and instructors required by Subchapter G of this chapter. To obtain or renew a license, or upon any change in the business entity's designated broker, the entity must provide to the Commission: proof of the designated broker's current status as a corporate officer, an LLC manager, an LLC member with managing authority, or a general partner for that entity; and. The inspector shall: operate fixed or installed equipment and appliances listed herein in at least one mode with ordinary controls at typical settings; visually inspect accessible systems or components from near proximity to the systems and components, and from the interior of the attic and crawl spaces; and. To renew a license on active status without any lapse in active licensure, an apprentice or real estate inspector must also submit a Real Estate Apprentice and Inspector Sponsorship Form certifying sponsorship for the period from the day after the previous license expired to the day the renewal license issued, and for the period beginning on the day after the renewal license issued. educational officers of a military installation or correctional facility. Fees established by this section must be paid when an application is filed and are not refundable once an application has been accepted for filing. A complaint which names a licensed real estate sales agent as the subject of the complaint but does not specifically name the sales agent's sponsoring broker, is a complaint against the broker sponsoring the sales agent at the time of any alleged violation for the limited purposes of determining the broker's involvement in any alleged violation and whether the broker fulfilled his or her professional responsibilities provided the complaint concerns the conduct of the sales agent as an agent for the broker. a payment at market rates to any person for goods actually furnished or for services actually performed. The following eligibility requirements apply to applicant who takes the examination for licensure on or after March 1, 2021: Before the applicant is eligible to take the national portion of the examination the applicant must submit evidence of completion of the following courses to the Commission: Property and Building Inspection Module I; Property and Building Inspection Module II; Business Operations and Professional Responsibilities Module; and. Respondents or applicants participating in a mediation will pay one-half of any fees incurred for the mediation directly to the Commission before mediation begins. Complaints must be in writing, and the Commission may not initiate an investigation, or take action against an approved provider or instructor, based on an anonymous complaint. For each inspection, the inspector shall: prepare a written inspection report noting observed deficiencies and other items required to be reported; and. The hearing on the motion shall be limited to a consideration of the grounds set forth in the motion. Venue for any hearing conducted under this section shall be in Travis County. ProctorA person who monitors a final examination for a course offered by a provider under the guidelines contained in this section. If the Commission does not follow the recommended sanctions in a Proposal for Decision, the order shall explain why the Commission chose not to follow the recommendation. 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. Approval of an application to renew an elective CE course approval shall be subject to the standards for initial approval set out in this section. Renewal of license for military service member. Distance Education delivery method. A license holder may renew an active license without completion of required continuing education and may defer completion of any outstanding continuing education requirements for an additional 60 days from the expiration date of the current license if the license holder: meets all other applicable requirements of this section; and. Upon the conclusion of oral arguments, questions by the members of the Enforcement Committee, and any discussion by the members of the Enforcement Committee, the presiding member shall call for a vote on the motion. An inspector shall comply with the following requirements. Javascript is disabled in your browser. Cost of a transcript of a SOAH proceeding ordered by a party is paid by that party. Providers are responsible for keeping current on changes to the Act and Commission Rules and must supplement materials for approved non-elective CE courses to present the current version of all applicable statutes and rules on or before the effective date of those statutes or rules. TITLE IV-E 8.1 TITLE IV-E, Administrative Functions/Costs. After receipt of a complaint that meets the requirements to be investigated under Texas Occupations Code, 1101.204(b), Commission staff may refer a complaint for mediation to a Commission staff mediator. The Commission may remove a committee member if the member: does not have the qualifications required by subsection (b)(1) of this section; cannot discharge the member's duties for a substantial part of the member's term; is absent from more than half of the regularly scheduled committee meetings that the member is eligible to attend during each calendar year, unless the absence is excused by majority vote of the committee; or. A person must be licensed as a broker or sales agent if, for compensation, the person: advertises for others regarding the sale, purchase, rent, or lease of real property; accepts inquiries received in response to such advertisements; and. The respondent, the respondent's attorney, and Commission staff may remain for all portions of the informal conference, except for consultation between the Commission member and Commission staff. Selection as an approved MIS appraiser involves continuous assessment of the quality and consistency of work, attitude and professionalism exhibited by the appraiser. The Executive Director may waive any other requirements for obtaining a license for an applicant who: meets the requirements of subsection (c)(2) of this section; or. If a student fails a final course examination, a provider may permit the student to take a subsequent final examination only after the student has completed any additional course work prescribed by the provider. Various phases in management of oral cancer include accurate diagnosis, appropriate treatment plan, and execution of the advised treatment with relevant reconstruction, rehabilitation, and surveillance. The following conduct with respect to licensing examinations is prohibited and is grounds to impose disciplinary action against any applicant, license holder, or education provider accredited by the Commission, and shall further be grounds for disapproval of an application for any license, accreditation, or approval issued by the Commission: obtaining or attempting to obtain specific questions or answers from an applicant, a Commission employee or any person hired by or associated with the testing service; removing or attempting to remove questions or answers from an examination site; or. "Not all units have the advertised features or amenities. dividing that number by the total number of students affiliated with that provider who took the exam for the first time during that same period. A broker who sponsors sales agents or is a designated broker for a business entity shall maintain, on a current basis, written policies and procedures to ensure that: Each sponsored sales agent is advised of the scope of the sales agent's authorized activities subject to the Act and is competent to conduct such activities, including competence in the geographic market area where the sales agent represents clients. 10 Key Job Competencies Everyone Needs to Know About - PossibleWorks Course examinations. If the registration expires on a Saturday, Sunday or any other day on which the Commission is not open for business, a renewal application is considered to be timely filed when the application is received or postmarked no later than the first business day after the expiration date of the registration. A license holder has an affirmative duty to keep the principal informed at all times of significant information applicable to the transaction or transactions in which the license holder is acting as agent for the principal. 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. The Commission may not accept for filing an application submitted without a completed application form and the appropriate filing fee. a license holder who is informed on local market issues and industry developments is said to demonstrate _____ geographic competency. Continuing education credit for attendance at a meeting of the Texas Real Estate Inspector Committee. When determining a person's present fitness for a license, the Commission shall also consider: the extent and nature of the person's past criminal activity; the age of the person when the crime was committed; the amount of time that has elapsed since the person's last criminal activity; the conduct and work activity of the person before and after the criminal activity; evidence of the person's rehabilitation or rehabilitative effort while incarcerated or after release; evidence of the person's compliance with any conditions of community supervision, parole, or mandatory supervision; and. Where might a license holder retrieve such information as tax rates of the various taxing jurisdictions . The point of delivery for undiluted liquefied petroleum gas systems is the outlet of the service pressure regulator, exclusive of line gas regulators, in the system. Non-elective real estate courses are designed by the Commission for interactive classroom delivery. The Commission may deny a license to an applicant who fails to satisfy the Commission as to an individual applicant's honesty, trustworthiness, or integrity under the Act, Texas Occupations Code Chapter 1102, and the rules of the Commission. An applicant who fails the examination three consecutive times may not apply for reexamination or submit a new license application unless the applicant submits evidence satisfactory to the Commission that the applicant has completed additional mandatory qualifying education listed in 535.64(a) as follows, after the date the applicant failed the examination for the third time: for an applicant who failed the national part of the examination, 30 hours; for an applicant who failed the state part of the examination, 30 hours; and. a CE instructor qualified under 535.74 of this title remains in the classroom during the guest instructor's presentation. Again, competency goes beyond geographic competency: "Competency may apply to factors such as, but not limited to, an appraiser's familiarity with a specific type of property or asset, a market, a geographic area, an intended use, specific laws and regulations, or an analytical method.". A member of the provider's staff must approve the makeup procedure to be followed. Law of Contracts, which shall contain the following topics, the units of which are outlined in the LOC-0, Qualifying Real Estate Course Approval Form, Law of Contracts, hereby adopted by reference: Ownership Rights and Limitations - 120 minutes; Contracts Used in Real Estate - 275 minutes; Contingencies, Addenda and Amendments - 105 minutes; Transaction Process and Closing - 135 minutes; and. If information obtained during the course of an investigation of a complaint reveals reasonable cause to believe the respondents to the complaint may have committed other violations of the Act or rules, no additional authorization shall be required to investigate and take action based upon the information. disassemble filters or dismantle or otherwise open any components or lines; uncover or excavate any lines or concealed components of the system; fill the pool, spa, or hot tub with water; inspect any system that has been winterized, shut down, or otherwise secured; determine the presence of sub-surface water tables; determine the effectiveness of entrapment covers; determine the presence of pool shell or sub-surface leaks; or.