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The inspector shall report deficiencies in condition or operation of other built-in appliances not listed under 535.232 of this title. A private mediator may be hired for Commission ADR procedures provided that: the parties unanimously agree to use a private mediator; the parties unanimously agree to the selection of the person to serve as the mediator; and. 8 additional hours in Texas Standard Report Form/Report Writing; 8 additional hours in non-elective coursework in legal, ethics, SOPs, and report writing as defined in 535.218 of this title (relating to Continuing Education Required for Renewal); and. be proctored by a member of the provider faculty or staff, or third party proctor acceptable to the Commission, who: is present at the test site or able to monitor the student through the use of technology acceptable to the Commission; and. Be aware of applicable statutes, regulations, practices, and ethical standards governing data collection and reporting; 4. roller blinds for triangular windows initiate a rulemaking proceeding under Chapter 2001, Government Code, by directing that the petition be placed on the next agenda for discussion by: the appropriate advisory committee with subject matter jurisdiction. Substitute Experience and Education Requirements for a Professional Inspector License. If the course is a qualifying or non-elective continuing education course delivered through the use of technology and there are more than 20 students registered for the course, the provider will also use: a monitor at the broadcast origination site to verify identification of each student, monitor active participation of each student and facilitate questions for the instructor; and. Box 12188, Austin, Texas 78711-2188, or www.trec.texas.gov. provide proof of financial responsibility as required in Chapter 1102, Occupations Code, on a form approved by the Commission. the condition and performance of windows and components. A license holder may rebate or pay a portion of the license holder's fee or commission to a party in the transaction when the salesperson has the written consent of the salesperson's sponsoring broker and the party represented by the license holder. An applicant for a broker license must demonstrate not less than 360 points of qualifying practical experience obtained during the period required by subsection (b)(1) of this section, using TREC No. The compilation and distribution of information relating to rental vacancies or property for sale, purchase, rent, or lease is activity for which a real estate license is required if payment of any fee or other consideration received by the person who compiles and distributes the information is contingent upon the sale, purchase, rental, or lease of the property. Geographical competency is just the result of the two rules that are present being conflated into something that's ill-advised and ill-implemented. deficiencies in the condition and performance of doors and hardware; deficiencies related to structural performance or water penetration; and. The Commission may deny an application for renewal of a registration if the developer of a timeshare plan is in violation of the terms of a Commission order. terminate an application without further notice if the applicant fails to provide the additional information not later than the 60th day after the Commission mails the request. A license holder may 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: the referral of inspections, lenders, mortgage brokers, or title companies; inclusion on a list of inspectors, preferred settlement providers, or similar arrangements; or. In addition to the grounds for disciplinary action provided in Chapter 1102, a license of an inspector may be suspended or revoked by the Commission if the inspector: fails to maintain 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 during the period a license is active; or. Browsing for the right legal paperwork to meet your state law requirements has never been so easy. 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. A license holder on active duty in the United States armed forces is entitled to two years of additional time to renew an expired license without being subject to any increase in fee, any education or experience requirements or examination if the license holder: provides a copy of official orders or other official documentation acceptable to the Commission showing that the license holder was on active duty during the license holder's last renewal period; and. Along with evidence of the appraiser's appraisal license, our application process requires the . Up to eight hours of continuing education credit per two year license period may be given to a license holder for completion of a ride-along inspection course. Unless a different time to deposit trust money is expressly agreed upon in writing by the principals to the transaction, any trust money received by the broker must be deposited in a trust account or delivered to an authorized escrow agent within a reasonable time, which the Commission has determined to be not later than the close of business of the second working day after the date the broker receives the trust money. crawl space drainage that is not performing. All interested parties who wish to make an oral presentation at the Commission's open meeting are requested to notify the office of general counsel at least two working days in advance of the open meeting. Terminated application. A license holder must provide the information requested by the Commission within 30 days after the date of the Commission's request. An inspection is considered to be of a single system or component if the inspection only addresses one of the following or a portion thereof: framing/structure, as outlined in 535.213(e)(2) of this title; a single optional system as stated in the Standards of Practice. Before, if an agent had residency in Texas, they could still earn commission in different areas. AFF-B, Affidavit in Support of Applicant's Claim of Experience, each signed by a different individual who knows the applicant or is familiar with the transaction(s) at issue attesting to the applicant's efforts to obtain the documentation and/or signature, and attesting to the fact that the applicant performed the work for which the applicant is requesting points. Experience Credit. the location of the drain or distribution field; and, the proximity of any known water wells, underground cisterns, water supply lines, bodies of water, sharp slopes or breaks, easement lines, property lines, soil absorption systems, swimming pools, or sprinkler systems; and. A provider may permit a student to take one subsequent final examination if the student fails the initial final examination. Article 11 requires a REALTOR to conform to the standards of practice and competence necessary for a specific type of property. Inspector's responsibility to maintain the quality, integrity, and objectivity of the inspection process - 250 minutes. 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. discloses the nature of their equitable interest to any potential buyer. 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. The statement required by subsection (b) of this section must be made part of any written opinion, analysis, or estimate of worth or sale price and must be reproduced verbatim in at least 12-point font. A change in sponsorship shall be reported to the Commission immediately. "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. Education requirements for an initial sales agent license. A motion for rehearing shall set forth the particular finding of fact, conclusion of law, ruling, or other action which the complaining party asserts caused substantial injustice to the party and was in error, such as violation of a constitutional or statutory provision, lack of authority, unlawful procedure, lack of substantial evidence, abuse of discretion, other error of law, or other good cause specifically described in the motion. Examination results are valid for a period of one year from the date the examination is passed. For purposes of this section, business website means a website on the internet that: contains information about a license holder's real estate brokerage services; and. Here are a few more practical suggestions to an agents path to gain competence that apply to almost all real estate brokerage: Search the MLS data available. Competencies are the knowledge, skills, abilities, and behaviors that contribute to individual and organizational performance. The initial approval of a CE provider is valid for two years. A provider shall establish written policies governing refunds and contingency plans in the event of course cancellation. The testing service shall schedule and conduct the examinations in the manner required by the contract between the Commission and the testing service. if the person holds money in trust in any transaction in which the person is acting as a broker, remit such money in accordance with the instructions of the principals. For Standards of Practice Review, or Inspector Legal and Ethics, the provider must use an instructor who has five years of active licensure as a Texas professional inspector, and has: An inspector is qualified to instruct a Ride-Along Course as defined in 535.218 of this title if the inspector has five years of active licensure as a Texas professional inspector, and has: Except as provided by this section, CE providers must comply with the responsibilities and operations requirements of 535.65 of this title (relating to Responsibilities and Operations of Providers of Qualifying Courses). I share my experience in "Research Visibility and Impact", Bibliometrics, and University Rankings with my amazing LinkedIn friends, please follow me, and let's grow together! 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. Preapproval of a course offered under subsections (c), (d), or (e). deficiencies in steps, stairways, landings, guardrails, and handrails. The following is prima facie evidence of commingling trust money with the broker's own money: placing trust money in a broker's personal or operating account; or. inspect flatwork or detention/retention ponds (except as related to slope and drainage); determine area hydrology or the presence of underground water; or. 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. Take a deep breath, throw your shoulders back and hold your head high. Renewal of license for military service member. Microwave ovens. once the suspension is effective any apprentice or real estate inspectors he or she sponsors will no longer be authorized to inspect any real property unless the apprentice or real estate inspectors associate with another professional inspector and file a change of sponsorship with the Commission. An applicant will receive credit for such experience according to the point system set forth in subsection (c) of this section. $5 for distance education delivery design and presentation review. 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. ComplainantAny person who has filed a complaint with the Commission against any person whose activities are subject to the jurisdiction of the Commission. There are basic universal foundational practices that you can apply to build competency skills. This section does not prohibit cooperative arrangements between non-resident brokers and Texas brokers pursuant to 1101.651(a)(2) of the Act and 535.131 of this title. When an application is denied by the Commission, no subsequent application will be accepted from the applicant until two years after the date of the Commission's written notice of denial under subsection (a) of this section. a proctor at each remote site with more than 20 students to verify identification of each student, monitor active participation of each student and proctor any on-site examination. CommitteeThe Texas Real Estate Inspector Committee. Allegations involving education providers. ensuring staff is reasonably available for public inquiry and assistance. Receiving continuing education credit for ride-along inspection course. 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. Mechanical systems; Texas SOP exclusions and unique reporting requirements - 400 minutes. Upon successful completion of a qualifying course, a provider shall issue a course completion certificate that a student can submit to the Commission. An inspector must maintain financial responsibility during the period the license is active. Guidance for the real estate broker on this issue comes from Rule 6.2 of the Colorado Real Estate Commission (Commission) rules, State of Colorado Statute 12-10-217 (1) (q) and from commission position 41 of the Commission. Complaints may be withdrawn only with the consent of the Commission. 1102.303 acting in conflicting capacities, i.e. Related courseA course determined to be acceptable by the commission to count towards related credit. To request continuing education elective credit for real estate related courses approved by the State Bar of Texas for minimum continuing legal education participatory credit, a license holder is required to file an Individual Credit Request for State Bar Course. Failure to provide information is grounds for disciplinary action. It does not include a common derivative of a name, such as Kim for Kimberly or Bill for William, which is considered the same as the name shown on the license. Chapter 1102Texas Occupations Code, Chapter 1102. 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. If the Commission remands the case to the administrative law judge, the Commission may direct that further consideration be accomplished with or without reopening the hearing and may limit the issues to be considered. White explains that because people are intrinsically . Chief Financial OfficerThe Chief Financial Officer of the Texas Real Estate Commission. However, a licensed auctioneer may not show the real property, prepare offers, or negotiate contracts unless the auctioneer is also licensed under the Act. If the client requires the use of a report form that does not contain the notice, the inspector may attach the notice to the first page of the report at the time the report is prepared by the inspector. at least three years of experience as an active practicing licensed or registered architect, professional engineer, or engineer-in-training, who has completed a total of 16 additional hours of qualifying inspection coursework, which must include the following: "qualifying inspection coursework" means course work on the subject matters listed in 535.213(e) of this title; and. No other electronic devices are permitted. Provided a timely written request for a hearing is made by the applicant in accordance with the Act, an applicant whose application for registration has been disapproved is entitled to a hearing. Where a system shutoff valve is provided after the outlet of the service meter assembly, such valve shall be considered to be downstream of the point of delivery. enter any area where headroom is less than 18 inches or the access opening is less than 24 inches wide and 18 inches high. If a registrant fails to update the contact information, the last known contact information provided to the Commission is the registrant's contact information. It is a material violation of the Texas Timeshare Act for a person to procure or attempt to procure a registration or amendment to a registration by fraud, misrepresentation, or deceit or by making a material misstatement of fact in an application filed with the Commission. The person sells goods or services to a real estate license holder who intends to offer the goods or services as an inducement to potential buyers, sellers, landlords or tenants. The inspector shall report as Deficient: the presence of visible active water leaks; and. An inspector shall not accept employment to repair, replace, maintain or upgrade systems or components of property covered by the Standards of Practice under this subchapter on which the inspector has performed an inspection under a real estate contract, lease, or exchange of real property within 12 months of the date of the inspection. enter attics or unfinished spaces where openings are less than 22 inches by 30 inches or headroom is less than 30 inches; Interior walls, ceilings, floors, and doors. The Commission adopts by reference the Information About Brokerage Services Notice, TREC No. If the course is currently certified by a distance learning certification center acceptable to the Commission, the provider will be deemed to have met requirements for verification of clock/course hours for distance education delivery. An application will be terminated and 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. Requirements for cooling units other than evaporative coolers. Approval of Inspector Qualifying Courses. Denial of Renewal. The broker's name may be inserted in any blank provided for that purpose. IABS 1-0 (IABS Notice). Failure to receive the certificate renewal notice does not relieve a certificate holder of the obligation to renew a certificate. Renewal of license issued to a business entity. can be concerned and upset if the product they paid for is not of superior quality. Inspector non-elective CE courses for distance education delivery. If approved to offer the previously approved course, the secondary provider is required to: offer the course as originally approved, assume the original expiration date, include any approved revisions, use all materials required for the course; and. For each qualifying course a provider intends to offer, the provider must: submit the course application and course approval forms, including all materials required; and. When a transaction involves unusual matters that should be reviewed by a lawyer before an instrument is executed, or if the instrument must be acknowledged and filed of record, the license holder shall advise the principals that each should consult a lawyer of the principal's choice before executing the instrument. Notice of the denial and any hearing on the denial shall be as provided in Texas Occupations Code, 1101.364, and 535.34 of this title (relating to Salesperson Employed by an Owner of Land and Structures Erected by the Owner). the number of layers of roof covering material; exhaustively examine all fasteners and adhesion; or. Field trips may not be included as part of distance education delivery courses. 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. For purposes of subsection (a) of this section, any conspicuous type utilized shall be separated on all sides from other type and print and may be utilized only where required by the Texas Timeshare Act or authorized by the Commission. 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. A provider shall require specialized training or work experience for instructors teaching specialized subjects such as law, appraisal, investments, taxation or home inspection. The Commission delegates authority to hear and rule on motions for rehearing to the Commission's Enforcement Committee, consisting of three Commission members appointed by the Commission chair. The inspector shall report as Deficient: installed photoelectric sensors located more than six inches above the garage floor; deficiencies in performance or absence of auto reversing mechanisms and manual detachment device; and. Denial of Renewal. Definitions. military service member, veteran, or military spouse who holds a current license issued by another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the same license in this state. A license holder may reinstate an expired license if the license holder: has held a professional inspector or real estate inspector license during the 24 months preceding the date the reinstatement application is filed; submits evidence satisfactory to the commission of successful completion of the continuing education hours required for the renewal of that license; and. An apprentice inspector or a real estate inspector must be sponsored by a licensed professional inspector in order to renew a license on an active status. The link to a completed IABS Notice may not be in a footnote or signature block in an email. Before an employee may receive reimbursement of tuition expenses for successful completion of a training or education program offered by an accredited institution of higher education, the Executive Director must pre-approve the program and authorize the tuition reimbursement payment. To become licensed as a real estate inspector a person must: satisfy the 90-hour education requirement for licensure by completing the following coursework: Property and Building Inspection Module I, total 40 hours; Property and Building Inspection Module II, total 40 hours; and. The applicant was licensed as a Texas real estate broker within two years prior to the filing of the application. PleadingA written document submitted by a party, or a person seeking to participate in a case as a party, which requests procedural or substantive relief, makes claims, alleges facts, makes legal arguments, or otherwise addresses matters involved in the case. Commission staff, who have received a minimum of 40 hours of formal mediation training, may mediate a resolution of a complaint between the Commission, a respondent, and a complainant upon agreement of all parties. Approval of Inspector Qualifying Courses. A person who owns property jointly may sell and convey title to his or her interest in the property, but to act for compensation or with the expectation of compensation as an agent for the other owner, the person must be licensed unless otherwise exempted by the Act. An informal conference may be conducted in person or by electronic, telephonic, or written communication. The hearing on the Proposal for Decision is limited to the record. An inspector may receive continuing education elective credit for a course taken to satisfy the continuing education requirements of a country, territory, or state other than Texas if: the inspector licensed in Texas held an active inspector license in a country, territory, or state other than Texas at the time the course was taken; the course was approved for continuing education credit for an inspector license by a country, territory, or state other than Texas at the time the course was taken; the successful completion of the course has been evidenced by a course completion certificate, a letter from the provider or such other proof satisfactory to the Commission; the subject matter of the course was predominately devoted to a subject acceptable for continuing education credit for an inspector licensed in Texas; and. Almost all 254 Texas counties have appraisal district websites offering information such as current valuation and changes over time, size of land and improvements, tax rates of the various taxing jurisdictions, and much more. the fee charged by the Federal Bureau of Investigation and Texas Department of Public Safety for fingerprinting or other service for a national or state criminal history check in connection with a license application. Placing a license on inactive status under this section does not preclude the Commission from proceeding under Texas Occupations Code, 1101.652(a)(3), against a license holder who has failed to make good a payment issued to the Commission within a reasonable time. the fee required under paragraphs (16)(C) and (18)(C) of this subsection will be waived if the course has already been certified by a distance learning certification center acceptable to the Commission. The broker must confirm to the Commission in writing that the broker has given all sales agents sponsored by the broker written notice of termination of sponsorship at least 30 days before filing the application for inactive status. 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. Each such mediator shall: have received at least 40 hours of Texas mediation training; and. To be eligible to receive credit by the Commission, qualifying courses offered by an accredited college or university must meet the following requirements: cover the subject and topics set out in 1101.003 of Tex. effectiveness of backflow or anti-siphon devices. if the course is delivered by distance education delivery: prevent the student from moving from one topic to the next topic until the student answers all topic quiz questions correctly and receives a passing grade on the scenario based learning exercises; and, for quiz questions answered incorrectly, employ a method to present the rationale behind the correct answer and ask a subsequent related quiz question that will count toward passing the topic if answered correctly; and. The Commission staff may conduct an audit of any information provided on a Texas Practicum credit request form, including verifying that the inspector supervising the Texas Practicum meets the qualifications required to supervise the practicum. These standards of practice do not prohibit an inspector from providing a higher level of inspection performance than required by these standards of practice or from inspecting components and systems in addition to those listed under the standards of practice. This section is not meant to create or require an employer/employee relationship between a broker and a sponsored sales agent. An applicant shall provide the following information to enable the Commission to determine if an applicant has sufficient financial resources to conduct its proposed operations: business financial statements prepared in accordance with generally accepted accounting principles, which shall include a current income statement and balance sheet; a proposed budget for the first year of operation; and.