Parties may request an opportunity for additional rebuttal, subject to the discretion of the presiding member. The provider shall inform the Commission when a student requests a refund because of a withdrawal due to the student's dissatisfaction with the quality of the course. The notice shall inform the respondent of the following: that the respondent may be represented by legal counsel; that the respondent may offer documentary evidence as may be appropriate; that at least one public member of the Commission shall be present; that two staff members, including the staff attorney assigned to the case, with experience in the regulatory area that is the subject of the proceedings, shall be present; that the respondent's attendance and participation is voluntary; and. 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. If if the applicant chooses to take the national portion and state portion of the exam separately, the national portion must be taken before the state portion of the exam. Changes in Ownership or Operation of an approved CE Provider. For the purposes of an inspector's or inspection company's own website, it is sufficient for the license number(s) to appear on a single prominent page of the website, such as the main page or the "About Us" page. Analysis of Findings and Reporting Module (20 hours), which shall contain the following topics, the units of which are outlined in the Analysis of Findings and Reporting Module Qualifying Real Estate Inspector Course Approval Form: Informing the client what was inspected and describing building systems and components by their distinguishing characteristics - 200 minutes; Describing inspection methods and limitations in the inspection report to inform the client what was not inspected and why - 200 minutes; Describing systems and components inspected that are not functioning properly or are defective - 200 minutes; Describing systems and components in need of further evaluation or action - 200 minutes; and. meet the requirements of 535.65 of this title. is a delegated supervisor under 535.2(e) of this title. Foreign brokerA real estate broker licensed in another country, territory or state other than Texas. Commission staff and the respondent or applicant may enter into a settlement agreement following negotiations at any time. This subsection applies to continuing education providers seeking to offer an elective CE course approved by the Commission. At a regular meeting in January of each year, the committee shall elect from its members a presiding officer, assistant presiding officer, and secretary. The administrative penalties set forth in this section take into consideration all of the criteria listed in 1101.702(b) of the Act. submits a license history from the regulatory agency that issued the license or registration documenting the period of practice as a licensed or registered architect, professional engineer, or engineer-in-training. Before the applicant is eligible to take the state portion of the examination, the applicant must submit evidence of completion of the following coursework to the Commission, if required for licensure under 535.214 of this title: If the applicant has previously passed the national portion of the examination, before the applicant is eligible to take the state portion of the examination, the applicant: must submit evidence of completion of the required coursework as provided under this subsection (h)(2) of this section; and. Range hoods and exhaust systems. Proceedings against approved providers will be conducted in the manner required by 1101.657 of the Act, the Administrative Procedure Act, Texas Government Code, Chapter 2001, and Chapter 533 of this title (relating to Practice and Procedure). Required revision of a currently approved non-elective CE course. For purposes of approving a renewal application under subsection (j), the established exam passage rate benchmark for each license category is 80% of the average percentage of the total examinees for that license category who passed the examination on the first attempt in the two year period ending on the last day of the previous month. These standards of practice define the minimum requirements for a real estate inspection conducted on a one to four family unit that is substantially completed. 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. The Committee consists of nine members appointed by the Commission as follows: six members who have been engaged in the practice of real estate inspecting as professional inspectors for at least five years before the member's appointment and who are actively engaged in that practice; and. The existence of any of the following conditions shall constitute prima facie evidence that an applicant's financial condition is insufficient: nonpayment of a liability when due, if the balance due is greater than 5% of the approved provider's current assets in the current or prior accounting period; nonpayment of three or more liabilities when due, in the current or prior accounting period, regardless of the balance due for each liability; a pattern of nonpayment of liabilities when due, in two or more accounting periods, even if the liabilities ultimately are repaid; a current ratio of less than 1.75 for the current or prior accounting period, this ratio being total current assets divided by total current liabilities; a quick ratio of less than 1.60 for the current or prior accounting period, this ratio being the sum of all cash equivalents, marketable securities, and net receivables divided by total current liabilities; a cash ratio of less than 1.40 for the current or prior accounting period, this ratio being the sum of cash equivalents and marketable securities divided by total current liabilities; a debt ratio of more than .40 for the current or prior accounting period, this ratio being total liabilities divided by total assets; a debt-to-equity ratio of greater than .60 for the current or prior accounting period, this ratio being total liabilities divided by owners' or shareholders' equity; a final judgment obtained against the approved provider for nonpayment of a liability which remains unpaid more than 30 days after becoming final; or. A student who attends less than two-thirds of the originally scheduled qualifying course is not eligible to complete a makeup session. Forms approved by the Commission may be reproduced only from the following sources: electronically reproduced from the files available on the Commission's website; printed copies made from copies obtained from the Commission; legible photocopies made from such copies; or. Each sponsored sales agent is provided on a timely basis, before the effective date of the change, notice of any change to the Act, Rules, or Commission promulgated contract forms. A person controls the acceptance or deposit of rent from a resident of a single-family residential real property unit and must be licensed under the Act if the person has the authority to: use the rent to pay for services related to management of the property; sign checks or withdraw money from a trust account. The testing service shall require official photo-bearing personal identification of individuals appearing for an examination and shall deny entrance to anyone who cannot provide adequate identification. 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. The Commission may furnish copies of public information without charge, or at a reduced charge, if the Commission determines that waiver or reduction of the charge is in the public interest. A Provider Competency Checklist must be completed as part of the new hire onboarding process. An informal conference may be conducted in person or by electronic, telephonic, or written communication. 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. BL-A, Supplement A-Qualifying Experience Report for a Broker License. ComptrollerThe Comptroller of Public Accounts. Continuing education credit for courses offered by the State Bar. A sales agent shall not maintain a trust account. 2023 Purchase Orders and Contracts through 1/31/2023, FY21 Public Funds Investment Act Compliance Audit, FY21 Purchase Orders/Contracts through 8/31/21, FY22 Accounting and Finance Processes Report, FY22 Purchase Orders/Contracts through 8/31/22, FY23 Public Funds Investment Act Compliance Audit, Report Regarding Staff Compensation FY 2019, Report on Customer Service, submitted June 2016, Report on Customer Service, submitted May 2018. A classroom course may include up to 50% of total course time for appropriate field trips relevant to the course topic. ComplainantAny person who has filed a complaint with the Commission against any person whose activities are subject to the jurisdiction of the Commission. Specific limitation for gas lines. "interactive experience training module" means education that provides regular and substantive interaction between the students and the instructor, either synchronously or asynchronously, and is delivered: in-person to students in the classroom; or. 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. Formal protests must conform to the requirements set forth in subsection (c) of this section. 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 condition of the gas distribution system. satisfies the commission as to the applicant's honesty, trustworthiness, and integrity. the amount of time dedicated for each item listed in clauses (i) - (iii) of this subparagraph. If the apprentice or real estate inspector is on inactive status, the return to active status shall be subject to the requirements of 535.215 of this title. A commission or fee may not be paid to any party to the transaction in a manner that misleads a broker, lender, title company, or governmental agency regarding the real estate transaction or the financial resources or obligations of the buyer. Regardless of the type of business entity, the designated broker must be a managing officer of the business entity. the installation and termination of the vent system; the performance of fixtures and faucets not connected to an appliance; water supply, as determined by viewing functional flow in two fixtures operated simultaneously; commodes, fixtures, showers, tubs, and enclosures; and. If the Executive Director does not approve a proposed agreed order, the respondent shall be so informed and the matter shall be referred to the Director of Enforcement for other appropriate action. General limitations. The Commission member or staff members may also recommend that no further action be taken. Definition of Competency. If a CE provider wants to offer a course currently approved for another provider, that secondary provider must: submit the CE course application supplement form(s); submit written authorization to the Commission from the author or provider for whom the course was initially approved granting permission for the subsequent provider to offer the course; and. No license holder shall inquire about, respond to or facilitate inquiries about, or make a disclosure of an owner, previous or current occupant, potential purchaser, lessor, or potential lessee of real property which indicates or is intended to indicate any preference, limitation, or discrimination based on the following: For the purpose of this section, disability includes AIDS, HIV-related illnesses, or HIV infection as defined by the Centers for Disease Control of the United States Public Health Service. 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. If the Commission determines that a registration, if amended in the manner indicated in an application to amend a registration, would fail to satisfy a requirement for registration, the Commission shall promptly notify the applicant of any deficiency. A person who wishes to amend the registration of a timeshare plan shall submit an application to amend the registration using forms approved by the Commission. Scenario-based learningThe use of scenarios to support active learning strategies such as problem-based or case-based learning where students must apply their subject knowledge, critical thinking and problem solving skills in a real-world context. Motions for rehearing are controlled by the APA, 2001.145 - 2001.147 and this section. A person desiring to be approved by the Commission to offer real estate, easement or right-of-way, or real estate inspection continuing education courses shall: submit the required fee under 535.101 or 535.210 of this title; and. Standard inspections performed by a license holder and reported on Commission promulgated report forms may contain additional information a buyer should consider in making a decision to purchase." Financial review. Forms adopted by reference in this section are published by and available from the Texas Real Estate Commission at P.O. 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. Any trust money received by a sales agent must be immediately delivered to the sales agent's sponsoring broker. The Chief Financial Officer's determination on a protest may be appealed by an interested party to the Executive Director or the Executive Director's designee. 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. Copies of the general counsel's recommendation and responses of interested parties shall be mailed to the appealing party. Unless the order granting a probationary certificate specifies otherwise, a probationary certificate holder may renew the certificate after the probationary period by satisfying the requirements under 535.403. So, to help clinicians in decision-making, there are several guidelines that exist. White's 1959 Psychological Review article, "Motivation Reconsidered: The Concept of Competence.". the space provided on the form is inadequate for a complete reporting of the Inspection; attach additional reporting information produced by computer software so long as the standard report form is provided before that information; and. comply with the curriculum accreditation standards required of the college or university by the applicable accreditation association for verification of clock/course hours, design and delivery method. Such remedial action may include, but is not limited to, declaring the purchase void, reversing the award, and re-advertising the purchase using revised specifications. An administrative penalty range of $100 - $1,500 per violation per day may be assessed for violations of the following sections of the Act and Rules: An administrative penalty range of $500 - $3,000 per violation per day may be assessed for violations of the following sections of the Act and Rules: An administrative penalty range of $1,000 - $5,000 per violation per day may be assessed for violations of the following sections of the Act and Rules: The Commission may assess an additional administrative penalty of up to two times that assessed under subsections (c), (d) and (e) of this section, subject to the maximum penalties authorized under 1101.702(a) of the Act, if a person has a history of previous violations.