Subsections (c) through (f) of this section expire on February 28, 2021. a fee of $400 for filing an application for accreditation as a continuing inspector education provider for a period of two years; a fee of $50 plus the following fees per classroom hour approved by the Commission for each continuing inspector education course for a period of two years: $2.50 for content and examination review; $2.50 for classroom delivery design and presentation review; and. 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. If the executive director of the Commission has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the Commission that the potential ground exists. The Commission shall meet in February of each year and at such other times as it deems proper. prepared by the Texas Real Estate Broker-Lawyer Committee (the committee) and approved by the Commission for voluntary use by license holders. Additional education requirements. The general counsel shall review the protest, the Chief Financial Officer's determination, and the appeal and prepare a written opinion with recommendation to the Executive Director or the Executive Director's designee. The inspector shall report deficiencies in condition or operation of other built-in appliances not listed under 535.232 of this title. A sales agent applying for the first renewal of a sales agent license must: submit documentation to the Commission showing successful completion of the additional educational requirements of 535.55 of this title (relating to Education and Sponsorship Requirements for a Sales Agent License) no later than 10 business days before the day the sales agent files the renewal application; and. The Commission may delegate to the Executive Director the Commission's authority to act under Texas Occupations Code, 1101.704(b) and subsection (a) of this section. The aggregate market value of the voting and non-voting stock held by non-affiliates of the registrant, as of June 30, 2020, the last business day of the registrant's most recentl 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. the broker's name in at least half the size of the largest contact information for any sales agent, associated broker, or team name contained in the advertisement. 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. For the purposes of this section, the term "residential rental locator" has the meaning provided by 1101.002(6) of the Act. failing to comply with any term of an administrative order issued by this state, any other state, or the federal government, including failure to pay an administrative penalty. The inspector should make a reasonable attempt to cooperate with other professionals and related tradespersons at all times and in all manners in a method that is conducive to the promotion of professionalism, independence and fairness to the inspector, the inspector's business, and the inspection industry. Texas REALTORS provides content through various online platforms, including this blog. The subjects approved for credit for qualifying inspector courses consist of the following modules: Property and Building Inspection Module I (40 hours), which shall contain the following topics, the units of which are outlined in the Property and Building Inspection I Qualifying Inspector Course Approval Form: Site conditions; assessing defects and issues that may affect people or the performance of the building - 300 minutes; Exterior components; assessing defects and issues that may affect people or the performance of the building - 300 minutes; Roof components; assessing defects and issues that may affect people or the performance of the building - 300 minutes; Structural components; assessing defects and issues that may affect people or the performance of the building - 300 minutes; Interior components; assessing defects and issues that may affect people or the performance of the building - 300 minutes; Permanently installed kitchen appliances; assessing for proper condition and operations - 300 minutes; and. A provider may add additional questions to the end of the Commission evaluation questions or request the students to also complete the provider's evaluation form. The Commission may require an applicant to revise and resubmit written documents filed with the application or to provide additional information if the Commission determines that the application is incomplete or inaccurate. Maintenance of records. 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. A person may not practice in Texas in accordance with this subsection without receiving confirmation from the Commission that the Commission has verified that the person is currently licensed and in good standing with another jurisdiction. The respondent may waive the ten-day notice requirement. inspector, broker, principal. Commission staff may request additional information from any person, if necessary, to determine how to proceed with the complaint. For the purposes of qualifying for, maintaining, or renewing a license, a business entity must designate an individual holding an active Texas real estate broker license in good standing with the Commission to act for it. The terms of the committee members expire as follows: on December 31 of each even-numbered year, the terms of four license holder members and two education members expire; and. "TREC Consumer Protection Notice", in at least 12 point font. A business entity must be qualified to transact business in Texas to receive, maintain or renew a broker license. 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. If, after judicial review, the administrative penalty is reduced or not assessed, the Executive Director shall remit to the person charged the appropriate amount, plus accrued interest if the administrative penalty has been paid, or shall execute a release of the bond if a supersedes bond has been posted. 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. Each Inspector Legal and Ethics course expires on August 31 of each odd-numbered year. Box 12188, Austin, Texas 78711-2188, www.trec.texas.gov. Texas residents who enter military service and resume their Texas residence immediately upon separation from the military are not considered to have lost their Texas residence unless they have affirmatively established legal residence elsewhere. A person licensed in another state may derive the required four years' experience from periods in which the person was licensed in one or more states. CE instructorA person chosen by a provider to teach continuing education courses. If a broker deposits trust money in the form of a check in a trust account and the check is dishonored by the financial institution on which it was drawn, the broker shall immediately notify all parties to the transaction in writing. the signature of an authorized representative of the provider for whom an authorized signature is on file with the Commission. The provider must ensure that: the student taking all topics of the course and completing all quizzes and exercises is the student receiving credit for the course through a student identity verification process acceptable to the Commission; a qualified instructor is available to answer students' questions or provide assistance as necessary in a timely manner; a student has completed all instructional modules and attended any hours of live instruction required for a given course; and. An inspector may make the following changes to the standard form: delete the line for name and license number, of the sponsoring inspector, if the inspection was performed solely by a professional inspector; change the typeface; provided that it is no smaller than a 10 point font; change the color of the typeface and checkboxes; add footers to each page of the report except the first page and may add headers to each page of the report; place the property identification and page number at either the top or bottom of the page; add subheadings under items, provided that the numbering of the standard items remains consistent with the standard form; list other items in the corresponding appropriate section of the report form and additional captions, letters, and check boxes for those items; delete inapplicable subsections of Section VI., Optional Systems, and re-letter any remaining subsections; delete "Other" subsections of Section I. through Section VI. a qualified instructor is responsible for providing answers and rationale for the grading of the written course work. The Commission may award credit for education required under subsection (d) and (e) to an applicant who: provides to the Commission two affidavits from persons who have personal knowledge of the applicant's work, detailing the time and nature of the applicant's relevant experience. All communications in the mediation between parties and between each party and the mediator are confidential. If the total of the eligible actual damages of all claims exceeds the maximum that may be paid from the Recovery Trust Account, the actual damages shall be prorated, and no interest, attorney fees, or court costs shall be paid. exhaustively inspect insulated windows for evidence of broken seals; exhaustively inspect glazing for identifying labels; or, spacing between intermediate balusters, spindles, or rails for steps, stairways, guards, and railings that permit passage of an object greater than 4 inches in diameter, except that on the open side of the staircase treads, spheres less than 4-3/8 inches in diameter may pass through the guard rail balusters or spindles; and. The Committee may submit its written recommendations concerning the requirements or qualifications, as applicable, for real estate education providers, instructors, and courses to the Commission at any time the Committee deems appropriate. To be approved by the Commission to offer real estate, easement or right-of-way, or real estate inspector continuing education courses, the applicant must satisfy the Commission as to the applicant's ability to administer courses with competency, honesty, trustworthiness, and integrity. 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. For the purposes of the Act and this title, "salesperson, employed by an owner" means a person employed and directly compensated by an owner. A member whose term has expired holds office until the member's successor is appointed. DeficiencyIn the reasonable judgment of the inspector, a condition that: adversely and materially affects the performance of a system, or component; or. Approval notice. Microwave ovens. Articles 2, 11, and 12 of the REALTOR Code of Ethics offer specific guidelines and standards REALTORS should follow to be competent in the area and specific type of real estate being considered. An applicant for pre-sale authorization shall pay a filing fee of $100.00 in addition to the filing fee due under subsection (a) of this section. Background Determining the core competence of advanced practice nurses is foundational for promoting optimal design and implementation of advanced practice nursing roles. The Commission shall investigate complaints against approved providers which allege acts constituting violations of the Act, Chapter 1102, Texas Occupations Code and Commission rules. trip ties on 250 volt overcurrent devices or multi-wire branch circuit; anti-oxidants on aluminum conductor terminations; and. What is geographic competency? A provider shall maintain a course completion roster and submit information contained in the roster by electronic means acceptable to the Commission not sooner than the number of course credit hours has passed and not later than the 10th calendar day after the date a course is completed. An application is terminated and is subject to no further evaluation or processing if the applicant fails to satisfy the requirements of subsection (b)(1) of this section within one year from the date the application is filed. 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; a payment at market rates to any person for goods actually furnished or for services actually performed; or. 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. This document is published by and available from the Texas Real Estate Commission, P.O. 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. DeliveredSent by United States Mail to the last known mailing address or by email to the last known email address of a license holder or an applicant. Parties will be notified and given a copy of the decision as provided by the APA. The Commission shall not accept unsigned course completion rosters. The Commission may not accept for filing an application submitted without a completed application form and the appropriate filing fee. Regardless of the type of business entity, the designated broker must be a managing officer of the business entity. A Provider Competency Checklist must be completed as part of the new hire onboarding process. A copy of the college transcript awarding the degree must be submitted as evidence of completion of the degree. If a license holder intends to renew an unexpired license, the license holder must, on or before the expiration date of the current license: file a renewal application through the online process on the Commission's website or on the applicable form approved by the Commission; submit the appropriate fee required by 535.101 of this title (relating to Fees); comply with the fingerprinting requirements under the Act; and. Continuing education credit for course taken outside of Texas. Denial of Renewal. check the photo identification of each student at class sign up and when signing in for each subsequent meeting of the class; ensure the student is present for the course for the hours of time for which credit is awarded; provide a 10 minute break per hour at least every two hours; and. a nationally recognized professional designation institute or council in the real estate industry. There are basic universal foundational practices that you can apply to build competency skills. A provider must rotate all versions of the examination required by 535.62(b)(7) of this subchapter throughout the approval period for a course in a manner acceptable to the Commission and examinations must: require an unweighted passing score of 70%; and. As an alternative to 535.214(a) of this title, to become a licensed real estate inspector, a person must: complete a total of 154 hours of qualifying inspection coursework, which must include the following: Texas Standards of Practice Module, total 24 hours; and. readily noticeable on the separate page or in the account user profile. Any party of record who is adversely affected by the Proposal for Decision of the administrative law judge may file exceptions to the Proposal for Decision in accordance with SOAH's rules. The applicant was licensed as a Texas real estate broker within two years prior to the filing of the application. inspect flatwork or detention/retention ponds (except as related to slope and drainage); determine area hydrology or the presence of underground water; or.
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