If a license expires before the completion of a probationary term and the license holder files a late renewal application as authorized by 535.93 of this subchapter, any remaining probationary period shall be reinstated effective as of the day following the renewal of the previous license. 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. The Commission will renew the license on inactive status for the period(s) in which the apprentice or real estate inspector was not sponsored. placed on probation by the Commission if the provider's exam passage rate is greater than 50% but less than 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. The Commission may provide training and education for its employees in accordance with Subchapter C, Chapter 656, Texas Government Code. The recommendation shall be made after the convener, at a minimum, has considered all of the items enumerated in Texas Government Code, 2008.052(c). An inspector licensed in Texas may receive continuing education credit for a course taken to satisfy the continuing education requirements for another occupational license if: the inspector files the applicable form with the Commission; the inspector holds one of the following occupational licenses, including but not limited to: air conditioner and refrigeration technician; or. The testing service may refuse to admit an applicant who arrives after the time the examination is scheduled to begin or whose conduct or demeanor would be disruptive to other persons taking examinations at the site. The Commission will issue an applicant an inactive sales agent license upon satisfaction of subsection (a) of this section and subsection (c) of 535.57. 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. Competency is achieved by understanding the facts and principles that one obtains from formal training and experience. When negotiated rulemaking is to be considered, the Commission will appoint a convener to assist it in determining whether it is advisable to proceed. A provider who seeks approval of a new delivery method for a currently approved CE course must submit a new application, and pay all required fees, including a fee for content review. If the sponsorship has ended because the professional inspector has terminated the sponsorship, the professional inspector shall immediately so notify the apprentice or real estate inspector in writing. Advertising by locators must comply with 1101.652(b)(23) of the Act and 535.154 and 535.155 of this chapter. A license holder engaging in a real estate transaction on his or her own behalf or in a capacity described by subsection (a), is obligated to disclose in writing that he or she is a licensed real estate broker or sales agent acting on his or her own behalf or in a capacity described by subsection (a) in any contract of sale or rental agreement or in any other writing given before entering into any contract of sale or rental agreement. "Team name" has the meaning assigned by 535.154. Geographical Competency speaks directly to the area that the appraiser may be working in. test arc-fault circuit interrupter devices when the property is occupied or damage to personal property may result, in the inspector's reasonable judgment. 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. Appointments to the Committee shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee. Waiver of education and experience requirements. 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. "Deceptive practices" include, but are not limited to the acts described in the Texas Business and Commerce Code 17.46, done in a manner defined in that section. 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. Complaints regarding registered timeshare plans shall be in writing and signed by the person filing the complaint. If the Commission adopts new requirements for a course, including but not limited to a course approval form that divides selected qualifying course subjects into topics and units, the Commission will determine, at the time the Commission adopts the new requirements, whether a provider must revise the course or supplement the course. 79 Tuesday, No. Non-elective CoursesThe legal update courses required by 1101.455 of the Act and the broker responsibility course required by 1101.458 of the Act. A license holder must provide the information requested by the Commission within 30 days after the date of the Commission's request. Core competencies specific to the contexts of the advanced practice nurse in Hong Kong have been developed, but not yet validated. 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. Competence means the basic ability of someone to perform actions. recommend individual license holders to the public. consist of no more than four students per inspector supervising the Texas Practicum. Except as provided by this section, inspections performed for a prospective buyer or prospective seller of substantially complete one-to-four family residential property shall be reported on Form REI 7-6 adopted by the Commission ("the standard form"). 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. Except for records destroyed by an "Act of God" such as a natural disaster or fire not intentionally caused by the broker, the broker must, at a minimum, maintain the following records in a format that is readily available to the Commission for at least four years from the date of closing, termination of the contract, or end of a real estate transaction: commission agreements such as listing agreements, buyer representation agreements, or other written agreements relied upon to claim compensation; substantive communications with parties to the transaction; receipts and disbursements of compensation for services subject to the Act; appraisals, broker price opinions, and comparative market analyses; and. To be placed on inactive status by request, an inspector must do the following: file a request for inactive status or submit a letter containing the inspector's name, license number and current mailing address; and. Distance Education delivery method. TopicSubject matter that must be covered in a specific course as defined by the Act, Chapter 1102 and this chapter. Executive Director-The Executive Director of the Texas Real Estate Commission. 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. Except as provided by this subchapter and the Act, the Commission will not accept a person's license in another state to meet experience requirements. This document is published by and available from the Texas Real Estate Commission, P.O. After being recognized by the presiding member, the members of the Commission may ask questions of the parties. A Provider Competency Checklist must be completed as part of the new hire onboarding process. A CE provider is permitted to offer continuing education courses in real estate, easement or right-of-way, and real estate inspector that have been approved by the Commission. Denial of Renewal. Proceedings shall be conducted in the manner contemplated by 533.1 - 533.8, 533.20, 533.30 - 533.37 and 533.40 of this title and with the Texas Government Code, Chapter 2001, et seq. 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. An apprentice inspector or real estate inspector who has been placed on inactive status may return to status if: the inspector has completed all applicable continuing education requirements; 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. The commission will periodically publish lists of acceptable real estate related courses. 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. Delivery method. An instructor may receive full course credit by attending any segment that the instructor does not teach in addition to those segments the instructor does teach. receive a passing grade of at least 80% on the non-elective CE course final examination promulgated by the Commission. Texas REALTORS offers members the Model Brokerage Policies and Procedures Manual for $99.99 plus tax. The Commission adopts by reference TREC No. 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. Bridges of Kentucky > Blog > Uncategorized > how can a license holder demonstrate geographic competency? For the purposes of this section, an "inactive" inspector is a licensed professional inspector, real estate inspector, or apprentice inspector who is not authorized by law to engage in the business of performing real estate inspections as defined by Chapter 1102. A provider shall establish written policies governing refunds and contingency plans in the event of course cancellation. 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. This helps you build a personal visual database of the marketplace. Qualifying real estate courses must be at least 30 classroom hours in length to be accepted for continuing education elective credit. 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. CompensationA commission, fee or other valuable consideration for real estate brokerage services provided by a license holder under the Act. has passed the National Home Inspector Examination developed by the Examination Board of Professional Home Inspectors. deficiencies in components and performance; the absence of an opening that would allow access to equipment for inspection, service, repair or replacement without removing permanent construction or building finish; and. providing or attempting to provide examination questions or answers to another person. 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. No fee will be required and the course will maintain its original expiration date. Providers exempt from approval by the Commission may submit courses to the Commission for preapproval by meeting the standards for course approval under this section, including submitting all applicable forms and fees. The Commission will not give credit for courses offered by a provider on inactive status. Renewal of license issued to a business entity. A witness or deponent who is not a party and who is subpoenaed or otherwise compelled to attend any hearing or proceeding to give a deposition or to produce books, records, papers, or other objects that may be necessary and proper for the purposes of the proceeding is entitled to receive mileage of $.20 a mile for going to and returning from the place of the hearing or where the deposition is taken, if the place is more than 25 miles from the person's place of residence and a fee of $20 a day for each day or part of a day the person is necessarily present as a witness or deponent. A broker is obligated under a listing contract to negotiate the best possible transaction for the principal, the broker has agreed to represent. 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. If after review the Commission is not satisfied with the updated course materials and revised course outline, the Commission may direct a provider to: If a provider paid a fee for the initial course approval, the provider will receive a prorated credit on the fee paid under this subsection for the unexpired time remaining on that initial approval. Continuing education required for renewal. c. You will not post content or take any action on our blog posts that infringes someone elses rights or otherwise violates the law. The Proposal for Decision may be acted on by the Commission after the administrative law judge has ruled on any exceptions or replies to exceptions or on the day following the day exceptions or replies to exceptions were due if no such exceptions or replies were filed. A provider shall require specialized training or work experience for instructors teaching specialized subjects such as law, appraisal, investments, taxation or home inspection. Related courseA course determined to be acceptable by the commission to count towards related credit. Application for approval of a qualifying course. water pressure and flow and performance of pressure switches; the condition of accessible equipment and components; and. For the purposes of 1101.652(b)(14) of the Act, the elements of a "lottery" are the award or distribution of a prize or prizes by chance and the payment of consideration for the opportunity to win the prize. Designated brokerAn individual holding an active Texas real estate broker license designated by a business entity licensed by the commission to act on its behalf. If the property is located in an MLS jurisdiction, running comparative market analyses helps you build competence in a local marketplace. To be eligible for credit from the Commission, a qualifying course offered by an accredited college and university that is not offered under subsections (c), (d), or (e) or that is not subject to academic accreditation standards is required to be submitted for approval by the Commission in accordance with 535.62 of this subchapter, including payment of any fee required. The complainant shall not be considered a party in the informal conference but shall be given the opportunity to be heard if the complainant attends. New evidence may not be presented on the substance of the case unless the party submitting the evidence can establish that the new evidence was not reasonably available at the time of the original hearing, or the party offering the evidence was misled by a party regarding the necessity for offering the evidence at the original hearing. 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. If after investigation of a possible violation and the facts surrounding that possible violation the Commission determines that a violation has occurred, the Commission may issue a written Notice of Alleged Violation to the respondent. 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. the amount of time dedicated for each item listed in clauses (i) - (iii) of this subparagraph. At a regular meeting in January of each year, the Committee shall elect from its members a presiding officer, assistant presiding officer, and secretary. pay the fee required by 535.101 and 535.210 of this title. If an inspector departs from the inspection of a component or system required by the standards of practice, the inspector shall: notify the client at the earliest practical opportunity that the component or system will not be inspected; and. If a report form required for use by the builder or builder's employee 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; an inspection of a building or addition that is not substantially complete; or, inspections of a single system or component as outlined in clause (ii) of this subparagraph, provided that the first page of the report contains a notice either in bold or underlined reading substantially similar to the following: "This report was prepared for a buyer or seller in accordance with the client's requirements. Classroom deliveryA method of course delivery where the instructor and students interact face to face and in real time, in either the same physical location, or through the use of technology. The committee may meet at the call of a majority of its members. Each license holder shall provide a mailing address, phone number, and email address used for business to the Commission and shall report all subsequent changes not later than the 10th day after the date of a change of any of the listed contact information. rental property management rent collection15 points per property. Websites containing advertising by one or more inspectors must include the license number of each licensed person whose name or assumed business name appears on the website. A provider may file a single application for a qualifying course offered through multiple delivery methods. A course completion roster shall include: a list of all instructors whose services were used in the course; the dates the student started and completed the course; and. 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. An inspector shall not inspect a property when any compensation or future referrals depend on reported findings or on the closing or settlement of a property. a person applying for an inspector license under this chapter must comply with all requirements of 535.208 of this title. Except as otherwise provided by the Act or Rules, a broker or salesperson may not share a commission or fees with any person who engages in acts for which a license is required and is not actively licensed as a broker or salesperson. That could be a member of the workforce, the owner/manager, or an external consultant. Acceptable demonstration of methods to engage students in interactive discussions and activities to meet the course objectives and time requirements are required for approval. If any or all of the parties to a real estate transaction make a written demand for payment of trust money, the broker must pay the trust money to the party or parties entitled to the money within a reasonable time, which the Commission has determined to be not later than the 30th day after the date the demand is made. be informed on local market issues and conditions affecting real estate in the geographic area where a license holder provides services to a client; be informed on national, state, and local issues and developments in the real estate industry; exercise judgment and skill in the performance of brokerage activities; and.