1. (a) Pursuant to the criteria established by the council as set forth in §70.22 and §70.23 the executive director 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 executive director for consideration and recommendation to the council. The application shall be on the form, and contain such information, as may be required by the department and 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. 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. This registration shall be a continuous registration so long as:

   1. (1) the information required by this section is updated in accordance with subsection (c) of this section;
   2. (2) the annual fee is paid;
   3. (3) the applicant continues to comply with the criteria for approval established by the council as set forth in §70.22 and §70.23;
   4. (4) the applicant presents evidence at the time of renewal of his registration that the code certifications required by §70.22 or §70.23 are current with the International Code Council (ICC). Participation in the ICC Renewal Program or Certification Maintenance Program is required to keep an ICC code certification current; and
   5. (5) the applicant submits an up to date organization chart in accordance with §70.22 and §70.23 at the time of renewal.

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.
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 and that the applicant may request an administrative hearing to determine if the application should be denied.

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; amended to be effective December 1, 2003, 28 TexReg 10458.