Texas Register, Volume 31, Number 40, Pages 8307-8444, October 6, 2006 Page: 8,346
8307-8444 p. ; 28 cm.View a full description of this periodical.
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(C) the member is no longer eligible for a Certificate of
Registration as a builder or remodeler or is no longer eligible to serve
as a designated agent for a builder or remodeler;
(D) the member's Certificate of Registration has been
suspended, is placed in inactive status or the member has been placed
under a commission probation order; or
(E) the member has failed to maintain the program's
continuing education requirements.
(2) If a membership is revoked, the commission shall pro-
vide written notice to the member not later than the fifth day after the
revocation becomes effective.
(3) The commission shall state the reason(s) for the revo-
cation in its written notice to the member.
(4) A member whose certificate of membership is subject
to revocation for a finding under paragraph (1)(B) of this subsection
shall be provided an opportunity for appeal.
(o) Appeal from Revocation.
(1) A member whose membership has been revoked under
subsection (n)(1)(B) of this section may appeal the decision by sub-
mitting a written request for reconsideration to the Executive Director
within ten days of receipt of notice of revocation.
(2) The decision of the Executive Director on the appeal is
a final agency decision not subject to further administrative appeal.
(3) Upon expiration or notice of final revocation of mem-
bership in the Texas Star Builder Program, the former member shall
immediately return the Texas Star Builder certificate of membership
and discontinue the use and dissemination of the "Texas Star Builder"
designation on all advertisements, promotions or written material.
(p) Recognition of Membership. A member may display the
Texas Star Builder logo so long as that member remains in good stand-
ing in the Texas Star Builder Program. Members who have had contin-
uous membership in the Texas Star Builder Program may display the
number of years of continuous membership.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of the Secretary of State on September 22,
2006.
TRD-200605281
Susan K. Durso
General Counsel
Texas Residential Construction Commission
Effective date: October 12, 2006
Proposal publication date: August 11, 2006
For further information, please call: (512) 475-0595
CHAPTER 305. PRACTICE AND
PROCEDURES FOR HEARINGS AND
DISCIPLINARY ACTIONS
SUBCHAPTER B. DISCIPLINARY
PROCEEDINGS
10 TAC 305.24, 305.25The Texas Residential Construction Commission (the
"commission") repeals 305.24 and 305.25 without changes
to the proposal as published in the August 4, 2006, issue of the
Texas Register (31 TexReg 6160).
The repeals are adopted as a result of amendments to 305.23,
previously adopted, which provide for an informal notice of vio-
lation. Further, the language contained in 305.24 and 305.25
is duplicate of language that has been subsumed into other sec-
tions in this chapter by amendments adopted effective June 12,
2006.
The repeal removes duplications in the language of the rules.
The repeal of 305.24 and 305.25 is adopted, generally, pur-
suant to Property Code 408.001, which provides authority for
the commission to adopt rules necessary for the implementation
of Title 16, Property Code; Property Code Chapter 418, regard-
ing the commission's authority to undertake disciplinary actions;
and Chapter 419, regarding the commission's authority to im-
pose administrative penalties.
The statutory provisions affected by the repeal of these rules are
those set forth in Property Code, Chapters 408, 418 and 419.
No other statutes, articles, or codes are affected by the repeal of
these rules.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of the Secretary of State on September 22,
2006.
TRD-200605276
Susan K. Durso
General Counsel
Texas Residential Construction Commission
Effective date: October 12, 2006
Proposal publication date: August 4, 2006
For further information, please call: (512) 475-0595
CHAPTER 313. STATE-SPONSORED
INSPECTION AND DISPUTE RESOLUTION
PROCESS (SIRP)
10 TAC 313.8
The Texas Residential Construction Commission adopts amend-
ments to 10 Texas Administrative Code 313.8 relating to the
fees for filing a request for the state-sponsored inspection and
dispute resolution process without substantive changes to the
proposed text, which was published in the August 4, 2006 issue
of the Texas Register (31 TexReg 6161). The non-substantive
changes correct typographical errors and improve readability of
the section.
The amendments clarify the procedures for requesting and
granting a waiver of the fees for participation in the state-spon-
sored inspection and dispute resolution process and add an
income level to the criteria for granting waiver applications
generally. The income level criterion makes clear that waivers
are available specifically for those with financial need.31 TexReg 8346 October 6, 2006 Texas Register
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Texas. Secretary of State. Texas Register, Volume 31, Number 40, Pages 8307-8444, October 6, 2006, periodical, October 6, 2006; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth97365/m1/38/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.