1. (a) Pursuant to the criteria established by the council as set forth in §70.22 and §70.23 of this title (relating to Criteria for Approval of Design Review Agencies and Criteria for Approval of Third Party Inspection Agencies and Inspectors) the commissioner will recommend design review agencies, third party inspection agencies, and third party inspectors to the council for approval. An application for approval shall be submitted in writing to the commissioner for consideration and recommendation to the council. The application shall be on the form, and contain such information, as may be required by the council.
2. (b) If the application is approved by the council, it shall be filed with the department as the registration of the applicant as a design review agency, a third party inspection agency, or a third party inspector to perform specific functions. This registration shall be a continuous registration so long as the information required by this section is updated in accordance with subsection (c) of this section and the annual fee is paid. The department shall issue a certificate of registration which shall state the specific functions which the registrant is approved to perform. The certificate of registration shall be valid for a 12-month period on receipt of the application and the registration fee by the department.

3. (c) Design review agencies, third party inspection agencies, and third party inspectors shall notify the department in writing within 10 days if:

   1. (1) the name of the registrant is changed;
   2. (2) the address of the registrant is changed;
   3. (3) a partnership or corporation is created or exists or there is a change in 25% or more of the ownership of the business entity within a 12-month period;
   4. (4) there are changes in principal officers or key supervisory personnel of the business entity; or
   5. (5) there are changes in the key technical personnel of the agency or changes in the certifications of the technical personnel of the agency.
4. (d) An application for original registration or renewal may be rejected if any information contained on, or submitted with, the application is incorrect. The certificate of registration may be revoked or suspended or a penalty or fine may be imposed for any violation of the Industrialized Housing and Buildings Act (Act), violation of the rules and regulations in this chapter or administrative orders of the commissioner, or violations of the instructions and determinations of the council in accordance with §70.90 of this title (relating to Sanctions--Administrative Sanctions/Penalties), and §70.91 of this title (relating to Sanctions--Revocation or Suspension Because of a Criminal Conviction), §70.92 of this title (relating to Sanctions for Failure To Comply by Design Review Agencies, Third Party Inspection Agencies, and Third Party Inspectors).
5. (e) If a third party inspector, third party inspection agency, or design review agency is not approved, the department shall forward a written explanation to the applicant setting forth the council's reasons for the disapproval.

Source Note:The provisions of this §70.21 adopted to be effective April 13, 1990, 15 TexReg 1787; amended to be effective July 13, 1990, 15 TexReg 3741; amended to be effective November 16, 1993, 18 TexReg 7925.