Part 7.
TEXAS RESIDENTIAL CONSTRUCTION COMMISSION
Chapter 303.
REGISTRATION
Subchapter C. REGISTRATION OF THIRD-PARTY INSPECTORS
10 TAC §303.205
The Texas Residential Construction Commission ("commission")
proposes amendments to Title 10, Part 7, Chapter 303, Subchapter C, §303.205,
relating to the denial of a third-party inspector application for registration.
The proposed amendments delineate certain grounds for denial of an inspector
application for registration or renewal.
The amendments are proposed to incorporate into rule certain grounds for
denial of a third-party inspector application for registration or renewal.
The amendments are proposed under Property Code §408.001, which provides
general authority for the commission to adopt rules necessary for the implementation
of Title 16, Property Code §427.001, which requires the commission to
adopt rules to specify the information that a third-party inspector must provide
in order to register with the commission.
Susan K. Durso, General Counsel, has determined that for each year of the
first five-year period the proposed amendment is in effect there will be no
fiscal implications for state or local governments as a result of enforcing
or administering the proposed amendments.
Ms. Durso has also determined that for each year of the first five-year
period the proposed amendment is in effect the public benefit will be knowing
the process the third-party inspectors are to follow in performing work assigned
by the commission and the criteria upon which applications for renewal will
be judged.
Ms. Durso has also determined that for each year of the first five-year
period the proposed amendment is in effect there will be no significant effect
on individuals or large, small and micro-businesses as a result of the adoption
of the proposed amendment.
Ms. Durso has also determined that for each year of the first five-year
period the proposed amendment is in effect there should be no effect on a
local economy; therefore, no local employment impact statement is required
under Administrative Procedure Act §2001.022.
Interested persons may submit written comments (12 copies) on the proposed
amendments to Susan K. Durso, General Counsel, Texas Residential Construction
Commission, P.O. Box 13144, Austin, Texas 78711. The deadline for submission
of comments is thirty (30) days from the date of publication of the proposed
sections in the
Texas Register
. Comments received
after that date will not be considered. Comments should be organized in a
manner consistent with the organization of the proposed amendment. Comments
may be submitted electronically to comments@trcc.state.tx.us. For comments
submitted electronically, please include "Third-party Inspector Rule Amendments"
in the subject line. Comments submitted electronically to another electronic
address or that do not include "Third-party Inspector Rule Amendments" in
the subject line may not be considered.
The amendments are proposed to implement Property Code §408.001
and §427.001.
No other statutes, articles, or codes are affected by the proposal.
§303.205.Denial of Registration.
(a)
The commission shall deny a certificate of registration
or a renewal of registration if the commission determines that the individual
is unqualified or unfit to perform the duties of a third-party inspector.
(b)
If the commission denies a certificate of registration
or a renewal of registration, the commission shall provide written notice
to the individual via certified mail, return receipt requested, not later
than the 15th day after the commission receives the completed application
for registration or renewal and the appropriate fee.
(c)
The commission shall state the reason(s) for denial of
a certificate of registration in its written notice to the individual and
provide notice of the opportunity for appeal.
(d)
The commission may deny a registration
or renewal for any of the following reasons, including but not limited to:
(1)
refusal to perform an inspection without cause;
(2)
refusal to file reports in a timely manner;
(3)
refusal to correct reports remanded by the commission
or an appellate panel;
(4)
failure to complete an assignment; or
(5)
failure to provide report information in a format
approved for use by the commission.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on February 10, 2006.
TRD-200600699
Susan K. Durso
General Counsel
Texas Residential Construction Commission
Earliest possible date of adoption: March 26, 2006
For further information, please call: (512) 463-2886
Subchapter D. POST-SETTLEMENT AND POST-HEARING MATTERS
Chapter 305.
PRACTICE AND PROCEDURES FOR HEARINGS AND DISCIPLINARY ACTIONS