open, uncover, or remove the pump, heads, screens, lines, or other components of the system; determine the reliability of the water supply or source; or. A license holder may employ and pay for the services of a lawyer to represent only the license holder in a real estate transaction. Non-elective CE courses are approved and regulated under 535.72 of this subchapter (related to Approval of Non-elective Continuing Education Courses). FSA offices typically have old aerial photographs sometimes as far back as the 1940s. Appreciate that, while data may represent attributes of real people, they do not describe the whole person; 3. Substitute Experience Requirements for a Professional Inspector License. An approved provider who fails to pay the annual operation fee as prescribed shall be placed on inactive status and notified in writing by the Commission. Unless such scope is limited or revoked in writing, a broker is responsible for the authorized acts of the broker's sales agents, but the broker is not required to supervise the sales agents directly. the administration of each course, including, but not limited to, compliance with any prescribed period of time for any required course topics required by the Act, Chapter 1102, and Commission rules; maintaining student attendance records and pre-enrollment agreements; verifying instructor qualification, performance and attendance; validation of student identity acceptable to the Commission; maintaining student course completion records; ensuring all advertising complies with subsection (c) of this section; ensuring that instructors or other persons do not recruit or solicit prospective sales agents, brokers, easement or right-of-way agents, or inspectors during course presentation; and. The time period for which a person may practice under this subsection without meeting the requirements for licensure in Texas is limited to the lesser of: the period during which the person's spouse is stationed at a military installation in this state; or. The investigation of complaints and disciplinary action by the Commission against registrants will be conducted in accordance with the Act and 535.141 of this title (relating to Initiation of Investigation; Order Requirements). Upon completion of the investigation of the pending complaint, the Commission may suspend or revoke the license, after notice and hearing in accordance with the Administrative Procedure Act, Texas Government Code, Chapter 2001. make a written request for a hearing on that determination. "Materially adverse" means any material change to the timeshare plan that substantially reduces the benefits or increases the costs to purchasers. the designated broker dies or resigns as designated broker. "In an assignment where geographic competency is necessary, an appraiser preparing an appraisal in an unfamiliar location must spend sufficient time to understand the nuances of the local market and the supply and demand factors relating to the specific property type and the location involved. The Department, without further process or hearings, shall revoke, suspend, or deny any license or renewal authorized by this Act to a person who is certified by the Illinois Department of Public Aid as being more than 30 days delinquent in complying with a child support order; the Department may, however, issue a license or renewal if the . Broker Price Opinion; Real Estate Investment, which shall contain the following topics, which collectively will consist of 1500 minutes of coursework as outlined in the REI-0, Qualifying Real Estate Course Approval Form, Real Estate Investment, hereby adopted by reference: Purpose and Function of an Real Estate Investment; Residential, Land, and Commercial Investments; Discounted and Non discounted Investment Criteria; Real Estate Law, which shall contain the following topics, which collectively will consist of 1500 minutes of coursework as outlined in the REL-0, Qualifying Real Estate Course Approval Form, Real Estate Law, hereby adopted by reference: Residential Inspection for Real Estate Agents, which shall contain the following topics, which collectively will consist of 1500 minutes of coursework as outlined in the RIREA-0, Qualifying Real Estate Course Approval Form, Residential Inspection for Real Estate Agents, hereby adopted by reference: Purpose and Function of a Residential Inspection; Standards of Practice: General Provisions and Departure; Minimum Inspection Requirements for Structural, Electrical, HVAC, and Plumbing Systems; Minimum Inspection Requirements for Appliances; A 30 hour advanced course on any qualifying course subject matter or a combination of several different qualifying course subject matter topics as set out in subsections (a) and (b) of this section. If the sponsorship has ended because the apprentice inspector or real estate inspector has left the sponsorship, the apprentice inspector or real estate inspector shall immediately so notify the professional inspector in writing. Not later than the 30th day after receiving a complaint, Commission staff will send written notice to the complainant of Commission staff's evaluation regarding the complaint. Distance Education Delivery. heat pumps, in the heat pump mode, when the outdoor temperature is above 70 degrees Fahrenheit; tonnage and manufacturer match of indoor coils and outside coils or condensing units; sizing, efficiency, or adequacy of the system; balanced air flow of the conditioned air to the various parts of the building; or. Not earlier than 90 days before the expiration of a course approval, a provider may apply for a renewal of course approval for another four-year period. Such understanding will not be imparted solely . the number of layers of roof covering material; exhaustively examine all fasteners and adhesion; or. provide repair cost estimates, recommendations, or re-inspection services. If the protest is not resolved by mutual agreement, the Chief Financial Officer will issue a written determination on the protest. Auctioneers are not required to be licensed under the Act when auctioning real property for sale. If the Commission determines that an application for registration of a timeshare plan satisfies all requirements for registration, the Commission shall promptly register the timeshare plan. the absence of ground-fault circuit interrupter protection in all: garage and accessory building receptacles; crawl space receptacles and lighting outlets; receptacles that serve kitchen countertops; receptacles that are located within six feet of the outside edge of a sink, shower, or bathtub; indoor damp and wet location receptacles; the absence of arc-fault protection in the following locations: the failure of operation of ground-fault circuit interrupter protection devices; missing or damaged receptacle, switch or junction box covers; appropriate connections, such as copper/aluminum approved devices, if branch circuit aluminum conductors are discovered in the main or sub-panel based on a random sampling of accessible receptacles and switches; receptacles less than five and a half feet above the floor that are not tamper resistant; deficiencies in 125 volt receptacles by determining the: deficiencies in 250 volt receptacles by determining the presence of power; wiring, wiring terminations, junction boxes, devices, and fixtures, including improper location; deficiencies in or absences of conduit, where applicable; outside each separate sleeping area in the immediate vicinity of the sleeping rooms; and, in the living space of each story of the dwelling; and. if proposing an amendment or repeal, the specific section and text of the rule the person wants to change, with deletions crossed through and additions underlined. enter any area where headroom is less than 18 inches or the access opening is less than 24 inches wide and 18 inches high. Continuing education credit for attendance at Commission meeting. a gas heater that is not vented to the exterior of the building unless the unit is listed as an unvented type. 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. if the inspector is a licensed professional inspector, confirm in writing that the inspector has, at least 30 days prior to filing the request for inactive status, given any real estate inspectors or apprentice real estate inspectors sponsored by the inspector written notice that the inspector will no longer be their sponsor. Standards for course approval of elective CE course. To be authorized for admittance to an examination, the applicant must present to the testing service administering the examinations appropriate documentation required by the testing service under contract with the Commission. Inspector qualifying courses are approved and regulated as required by 535.62 of this title. Approval notice. Standards for approval. There's no legislative basis for this rule. The Commission will reject an application submitted without a sufficient filing fee. receive a passing grade of at least 80% on the non-elective CE course final examination promulgated by the Commission. Legal Update Coursesrequired courses created for and approved by the Texas Real Estate Commission to satisfy the eight hours of continuing education required by 1101.455 of the Act. The staff attorney assigned to the case shall attend each informal conference. The inspector is not required to: operate or determine the condition of other auxiliary components of inspected items; determine the adequacy of venting systems; determine proper routing and lengths of duct systems; operate or determine the condition of clothes washer, clothes dryer, or refrigerator; or. If the applicant proposes to employ another person to manage the operation of the applicant, that person must meet this standard as if that person were the applicant; the applicant must demonstrate that the applicant has sufficient financial resources to conduct its proposed operations on a continuing basis without risk of loss to students taking courses; and. The Commission shall waive the examination requirement for an applicant for a sales agent license who has been licensed in this state as a broker or sales agent within two years before the filing of the application. Each advertisement must include the following in a readily noticeable location in the advertisement: the name of the license holder or team placing the advertisement; and. 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. The inspector shall report as Deficient: the presence of visible active water leaks. It is a violation of this section for a sponsoring professional inspector knowingly to make a false statement to the Commission in an application for a license for an apprentice or a real estate inspector. If an inspector has knowledge of a possible violation of the rules of the Commission or Chapter 1102, the inspector should report the possible violation to the Commission. Material provided to the mediator will not be provided to other parties and will not be filed or become part of the contested case record. That is not the same as residency. fails to notify the Commission within 10 days of the cancellation or non-renewal of professional liability insurance coverage, a bond or any other security acceptable by the Commission that provides coverage for violations of Subchapter G of Chapter 1102. 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. three members who represent the public, who are not registered, certified, or licensed by an occupational or regulatory agency in the real estate industry. Conduct a market study. In the event of a tie vote, the presiding member shall announce that the motion is overruled. the absence of or deficiencies in fire separation between the garage and the living space and between the garage and its attic. the condition of the gas distribution system. A provider may withhold any official completion documentation required by this subsection from a student until the student has fulfilled all financial obligations to the provider. If the applicant fails the examination three consecutive times, the applicant may not apply for reexamination or submit a new license application unless the applicant submits evidence to the Commission that the applicant has successfully completed additional qualifying education after the date of the third failed examination, as follows: for an applicant who failed the national part of the examination, Property and Building Inspection Module I or Property and Building Inspection Module II; or. A timeshare developer shall, not later than the 10th day after the date of the change, provide the Commission with written notice of any increase or decrease in the original surety bond as provided for in 221.063(a) of the Texas Timeshare Act. Range hoods and exhaust systems. A party who appeals a final decision in a contested case must pay all costs for the preparation of the original or a certified copy of the record of the agency proceeding that is required to be transmitted to the reviewing court. The Commission will notify an applicant if the application for license is denied. Maintenance of records. The inspector shall report as Deficient deficiencies in the structural, electrical, plumbing, heating, ventilation, and cooling systems that these standards of practice require to be reported for the principal building. A license issued by the Commission under Chapter 1102, Occupations Code, expires on the date shown on the face of the license issued to the license holder. A "net listing" is a listing agreement in which the broker's commission is the difference ("net") between the sales proceeds and an amount desired by the owner of the real property. A broker applicant must attain a passing score of at least 75% in each portion of the broker licensing examination. A broker is required to notify a sponsored sales agent in writing of the scope of the sales agent's authorized activities under the Act. The course must be delivered by one of the following delivery methods: a combination of (A) and (B), if at least 50% of the combined course is offered by classroom delivery. Approval notice. a nationally recognized professional designation institute or council in the real estate industry. For the purposes of the Act, a person conducting brokerage business from another state by mail, telephone, the Internet, email, or other medium is acting within Texas if the real property concerned is located wholly or partly in Texas. Instructors of ride-along inspection course sessions may only receive up to 8 hours of continuing education credit for teaching the course per license period. When the Commission submits a request to docket case with SOAH, SOAH acquires jurisdiction over a contested case until SOAH issues final amendments or corrections to the Proposal for Decision. In determining whether a criminal offense not listed in subsections (a) and (b) of this section is directly related to an occupation regulated by the Commission, the Commission shall consider: the relationship of the crime to the purposes for requiring a license to engage in the occupation; the extent to which a license might offer an opportunity to engage in further criminal activity of the same type as that in which the person previously had been involved; the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of the licensed occupation; and. Each Standards of Practice Review course expires on August 31 of each odd-numbered year. The timely filing of a motion for rehearing is a prerequisite to appeal. It doesn't say anything about real estate appraisers only being able to work within 50 miles of their offices. A business entity must be qualified to transact business in Texas to receive, maintain or renew a broker license. An advance fee is a contingent fee if the fee must be returned if the property is not sold, purchased, rented, or leased. No later than 90 days before the effective date of a revised or supplemented course, a provider shall send written notice to all students who have purchased the currently approved course and not completed it, that credit will no longer be given for the current course as of the effective date of the revised or supplemented course. determine present or future sufficiency of service capacity amperage, voltage, or the capacity of the electrical system; determine the accuracy of overcurrent device labeling; remove covers where hazardous as judged by the inspector; verify the effectiveness of overcurrent devices; or. A person who intends to be licensed by the Commission must file an application for the license: through the online process approved by the Commission; or, on the form prescribed by the Commission for that purpose; and. If this section conflicts with other legal requirements for disclosure of communications or materials, the issue of confidentiality may be presented to the judge to determine, in camera, whether the facts, circumstances, and context of the communications or materials sought to be disclosed warrant a protective order or whether the communications or materials are subject to disclosure. For purposes of 1101.652(a-1)(1) of the Act "license holder" includes a license holder acting on behalf of: the license holder's spouse, parent or child; a business entity in which the license holder is more than a 10% owner; or. Real Estate Recovery Trust Account and Fund, Announcing The Application Status Tracker, Information About Brokerage Services (IABS) & Consumer Protection Notice, Inspector Standards of Practice Subcommittee, Provider Exam Passage Rates for Inspectors, Related Regulatory and Consumer Protection Groups, Texas Real Estate Broker-Lawyer Committee, Tips for Posting the IABS and Consumer Protection Notice. Actual damages shall be allocated first. Renewal of license issued to a business entity. An applicant for a professional inspector license must have: been licensed as a real estate inspector on active status for a total of at least 12 months within the 24 month period before the filing of the application; and. 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. For the purposes of this section, the term "advertisement" has the same meaning provided by 535.155 of this chapter. Credit will not be awarded to a student for a course where the student receives a pass rate on a final examination or subsequent final exam below 70%. The Commission is responsible for imposing disciplinary action and/or assessing administrative penalties against respondents who are found to have violated any of the Commission's statutes or rules. If the Chief Financial Officer determines that a violation of the rules or statutes has occurred in a case where a contract has not been awarded, the Chief Financial Officer shall so inform the protesting party and other interested parties by letter which sets forth the reasons for the determination and any appropriate remedial action. not have daily course segments that exceed 12 hours. Three months before the expiration of a registration, the Commission shall mail a renewal application form to the developer's last known mailing address as shown in the Commission's records. For inspector CE courses, examinations are only required for CE courses offered through distance education delivery 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. Here is what USPAP has to say about the matter: "The COMPETENCY RULE requires an appraiser who lacks the knowledge and experience to complete an assignment competently to (1) disclose the lack of knowledge and/or experience to the client before accepting the assignment, or (2) disclose the lack . Occ. A provider may permit a student who attends at least two-thirds of an originally scheduled qualifying course to complete a makeup session to satisfy attendance requirements. The inspector shall indicate, by checking the appropriate boxes on the form, whether each item was inspected, not inspected, not present, or deficient and explain the findings in the corresponding section in the body of the report form. Any provider currently offering a course that is subject to change must: revise or supplement any currently approved classroom qualifying course covering that subject no later than 12 months after the effective date of the new requirements; and. Failure to comply with this section is grounds for the Commission to reprimand a license holder, to suspend or revoke a license, to take other disciplinary action, and to impose an administrative penalty in accordance with 1101.701 of the Act. is currently eligible to transact business in Texas. Sponsored Experience Criteria. prior to approval of a proposed qualifying real estate inspector course, submit the course to the Texas Real Estate Inspector Committee for review and recommendation. 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 . "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. The Real Estate License Act There's no legislative basis for this rule. The Commission shall meet in February of each year and at such other times as it deems proper. completes any applicable continuing education required under 535.92 of this title; maintains errors and omissions insurance with a minimum annual limit of $1 million per occurrence if the designated broker owns less than 10 percent of the business entity; and. When determining a person's fitness to perform the duties and discharge the responsibilities of a licensed occupation regulated by the Commission, the Commission does not consider an arrest that did not result in a conviction or placement on deferred adjudication community supervision. No additional proof is required to be submitted to the Commission before the Commission enters the final order. For each inspection, the inspector shall: prepare a written inspection report noting observed deficiencies and other items required to be reported; and. Mediation under this section is voluntary. 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. A provider may not enroll a student in a course during the 60-day period immediately before the expiration of the provider's current approval unless the provider has submitted an application for renewal for another four year period not later than the 60th day before the date of expiration of its current approval. a payment pursuant to a cooperative brokerage or referral arrangement or agreement between active licensed real estate agents and real estate brokers. The inspector shall inspect built-in units and report as Deficient: deficiencies in performance or mounting; and. If, on remand, additional evidence is admitted that results in a substantial revision of the Proposal for Decision, or the underlying facts, the administrative law judge shall prepare an amended or supplemental Proposal for Decision and this subchapter applies. Recognize the value of having multiple "good" choices and believe that the outcome can be positive with any of them. To be approved as a qualifying course by the Commission, a provider must satisfy the Commission that the course: covers all topics and units for the course subject required by the Act, Chapter 1102 and this chapter; covers all units within the prescribed topic; contains sufficient content to satisfy the number of hours for which credit is being requested as evidenced by: other methods acceptable to the Commission; will be scheduled for the full clock hours of time for which credit is awarded and presented in full hourly units; does not have daily course segments that exceed 12 hours; will be delivered by one of the following delivery methods: a combination of (A) and (B) of this paragraph, if at least 50% of the combined course is offered by classroom delivery; include at a minimum, the following methods to assess a student's comprehension of the course material: topic quizzes, with at least three questions related to the subject matter in each course topic; at least one scenario-based learning exercise per every increment of 10 credit hours or less; and.