PDF Chapter 57 Appraisal Board Subchapter 57a Registration, Licensing A member of the public may comment for up to three minutes on any agenda item or non-agenda item at a regular quarterly Commission meeting. If a provider fails to give the notice required by subsection (d)(1)(H) of this section, and an individual's application for a license is denied by the Commission because the individual has been convicted of a criminal offense, the provider shall reimburse the individual the amounts required by Section 53.153, Texas Occupations Code. 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. New evidence may not be presented on the substance of the case unless the party submitting the evidence establishes 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. 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. Copies of the appeal must be mailed or delivered by the appealing party to other interested parties and must contain an affidavit that such copies have been provided. 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. 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. fulfill the continuing education requirements of 535.92(a)(1), (a)(2), and (a)(4) of this title (relating to Continuing Education Requirements), if applicable. Except as otherwise required by Chapter 1102 or this section, examinations shall be conducted as provided by 535.57 of this title (relating to Examinations) . 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. Competency example: Title: Develop customer relationships. Study with Quizlet and memorize flashcards containing terms like The TREC-required disclosure that license holders must provide when giving consumers a CMA or BPO specifically states that the figure in their report is not the same as _____., Sheila is a Texas license holder, and she wants to consult with a civil engineer and architect to help her build geographic competency in her area. The Committee shall meet at the call of the Commission. A license issued under this subsection may not be renewed. A person who intends to be registered by the Commission as an easement or right-of-way agent must: file an application for the registration: submit the required fee under 535.404 of this subchapter. This helps you build a personal visual database of the marketplace. 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. how can a license holder demonstrate geographic competency? A real estate license holder is obligated to provide a broker price opinion or comparative market analysis on a property when negotiating a listing or offering to purchase the property for the license holder's own account as a result of contact made while acting as a real estate agent. Who can take disciplinary action against license holders, including suspending or revoking their licenses, if the real estate agent or broker is deemed guilty of any of the following: Dishonest or untrustworthy conduct Negligence Incompetence Procuring or attempting to procure a real estate license fraudulently An examination is considered passed when an applicant has received a passing grade on both parts of the examination. A real estate license is not required for an individual employed by a business entity for the purpose of buying, selling, or leasing real property for the entity. Experience Credit. the inspector licensed in Texas has filed a Continuing Education (CE) Credit Request for an Out of State Course, with the Commission. Knowledge is information developed or learned through experience, study or investigation. Approval of an application to renew an elective CE course approval shall be subject to the standards for initial approval set out in this section. ADR ProceduresAlternatives to judicial forums or administrative agency contested case proceedings for the voluntary settlement of contested matters through the facilitation of an impartial third-party. 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. This subsection does not apply to an applicant who holds a restricted license issued by another jurisdiction. Geographical Competency: Distance Little to do With Competency will continued to be sponsored from the date immediately after the date the renewal of that license will be issued. The periods of time prescribed to each unit of a topic for a qualifying course as outlined on the corresponding course approval form are recommendations and may be altered to allow instructors flexibility to meet the particular needs of their students. Upon unanimous motion of the parties and at the discretion of the administrative law judge, this section applies to a case referred to SOAH. The inspector should cooperate with other inspectors to insure the continued promotion of the high standards of the real estate inspection profession and pledges himself to the continued pursuit of increasing competence, fairness, education and knowledge necessary to achieve the confidence of the public. 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 Memory of the World in the digital age: digitization and The Commission will send a renewal notice to each license holder at least 90 days before the license expiration date. 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. 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. A person must be licensed as a broker to operate a rental agency. The staff attorney assigned to the case shall attend each informal conference. A licensed professional inspector, real estate inspector or apprentice inspector shall notify the Commission in writing within 30 days after the inspector starts or stops using a name in business other than the name in which the inspector is licensed. 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." 1102.302 employment contingent on inspection report. When information, documents, books, or records are requested from a respondent, the respondent must respond within a reasonable time, or the failure to respond may violate 1101.652(a) or (a-1) of the Act. In this section, "settlement service" means a service provided in connection with a prospective or actual settlement, and "settlement service provider" includes, but is not limited to, any one or more of the following: a federally related mortgage loan originator; a lender or other person who provides any service related to the origination, processing or funding of a real estate loan; a person who prepares documents, including notarization, delivery, and recordation; a person who provides credit report services; a person who provides mortgage insurance services; a person who provides services involving hazard, flood, or other casualty insurance, homeowner's warranties or residential service contracts; a person who provides any other services for which a settlement service provider requires a borrower or seller to pay. Will Your Criminal Record or Disciplinary History Keep You from Getting Licensed? Not later than the 30th day after the date on which the Notice of Alleged Violation is sent, the respondent may: accept the determination of the Commission, including sanctions recommended by the Commission; or. A complaint which names a business entity licensed as a broker as the subject of the complaint but which does not specifically name the designated broker is a complaint against the designated broker at the time of any alleged violation for the limited purposes of determining the designated broker's involvement in any alleged violation and whether the designated broker fulfilled his or her professional responsibilities. When the broker is a business entity, the designated broker is the person responsible for the broker responsibilities under this section. For purposes of this subsection, the standard method of demonstrating competency is the specific examination, education, and/or experience required to obtain a particular . Impact of domestic and foreign knowledge mechanisms on the innovation Occ. To renew a salesperson license on active status after the expiration date of the license without any lapse in active licensure, a license holder must submit a Salesperson Sponsorship Form certifying that the license holder: was continuously sponsored by a Texas licensed broker from the date after the previous license expired to the date the renewal of that license will be issued; and. 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. 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 . 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. 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. Advertisement does not include: a communication from a license holder to the license holder's current client; and. If the total of the interest on eligible actual damages of all claims exceeds the amount remaining to be paid from the Real Estate Inspection Recovery Fund, the interest on eligible actual damages are prorated, and no other interest, attorney fees, or court costs are paid. The provider shall advertise a course for the full clock hours of time for which credit is awarded. Provided the license holder meets all the requirements of this subsection, the Commission will renew the license in an active status. A license holder shall convey to the principal all known information which would affect the principal's decision on whether or not to make, accept or reject offers; however, if the principal has agreed in writing that offers are not to be submitted after the principal has entered into a contract to buy, sell, rent, or lease a property, the license holder shall have no duty to submit offers to the principal after the principal has accepted an offer. operate any main, branch, or shut-off valves; operate or inspect sump pumps or waste ejector pumps; clothes washing machine drains or hose bibbs; or. Florida Statutes do not require a certificate of competency holder be present for an elevator inspection. 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. 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. In addition to the aforementioned requirements, each licensed holder is required to have 16 hours of continuing education credit hours. repeated violations of one criminal statute or multiple violations of different criminal statutes. Sub-competencies: Ability to communicate effectively with customers. CN 1-4. In the event of a timely protest or appeal under this section, a protestor or appellant may request in writing that the Agency not proceed further with the solicitation or with the award of the contract. When sending out e-mails with advertisements, license holders must comply with the Federal _____Statute regulating e-mail solicitations. request additional information be provided to the Commission relating to an application; 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; and. Nader Ale Ebrahim currently works as a "Research Visibility and Impact" consultant. For each inspection, the inspector shall: prepare a written inspection report noting observed deficiencies and other items required to be reported; and. The Commission may deny a license to an applicant who fails to satisfy the Commission as to an individual applicant's honesty, trustworthiness, or integrity under the Act, Texas Occupations Code Chapter 1102, and the rules of the Commission. a business entity licensed by the Commission has any unpaid or past due monetary obligations to the Commission, including administrative penalties and Real Estate Recovery Trust Account payments, that were incurred while the broker was the designated broker for the entity. The inspector shall report as Deficient: combustible material within thirty inches above the cook top burners; absence of an anti-tip device, if applicable; gas leaks in the gas range, cooktops and ovens not associated with the gas distribution system; and, thermostat accuracy (within 25 degrees Fahrenheit at a setting of 350 degrees Fahrenheit); and. Failure to provide the information requested within the required time is grounds for disciplinary action under Chapter 1102, Occupations Code. Competence - managing health and safety - HSE the applicant fails to provide fingerprints to the Department of Public Safety within one year from the date the application is filed. the expiration or non-renewal of the inspector's financial responsibility as required by Chapter 1102. Requirements for cooling units other than evaporative coolers. If the Commission receives an application that requires payment of a fee, and a sufficient fee was not submitted with the application, the Commission will return the application and notify the person filing the application that the person must pay the fee before the application will be processed. Non-elective real estate courses are designed by the Commission for interactive classroom delivery. the person's spouse is still stationed at a military installation in this state. The commission will not grant partial credit to an inspector who attends a portion of a course. If the total of the interest on eligible actual damages of all claims exceeds the amount remaining to be paid from the Recovery Trust Account, the interest on eligible actual damages shall be prorated, and no other interest, attorney fees, or court costs shall be paid.