62-6-307 - License renewal Inactive status. - Tennessee Statutes

62-6-307. License renewal Inactive status.

(a)  To renew a current, valid home inspector license, the holder of the license shall submit an application on a form prescribed by the commissioner. The application for renewal shall be accompanied by the fee specified in § 62-6-303. All documentation and fees that are prerequisite to the renewal of a license shall be delivered to the commissioner no earlier than one hundred twenty (120) days nor later than thirty (30) days prior to the expiration date of the license then held.

(b)  Applicants for license renewal shall furnish evidence satisfactory to the commissioner that the applicant has:

     (1)  Completed thirty-two (32) hours of commissioner-approved continuing education;

     (2)  Not violated this part or any rules and regulations promulgated under this part; and

     (3)  Obtained a certificate of insurance in an amount required by the commissioner for general liability, as well as errors and omissions, to cover all activities contemplated under this part.

(c)  The commissioner may refuse to renew any license if the licensee has continued to perform home inspections in this state following the expiration of the license.

(d)  The license of any home inspector who fails timely to pay a renewal fee or to comply with any prerequisite or condition to licensure or renewal may be reinstated without examination within sixty (60) days after the expiration date of the license upon providing proof of compliance with the prerequisites or conditions, including payment of any penalty fee arising from failure to comply with any prerequisite or condition to renewal prior to the expiration date of the license, and payment of the renewal fee, plus an additional penalty fee of not more than twenty-five dollars ($25.00) per month. Any person desiring reinstatement thereafter must reapply for licensure; provided, that the commissioner has the discretion to:

     (1)  Waive reexamination or additional education requirements for such an applicant; or

     (2)  Reinstate a license subject to the applicant's compliance with reasonable conditions that the commissioner may prescribe, including payment of a penalty fee, in addition to the penalty fee provided in this subsection (d), of not more than twenty-five dollars ($25.00) per month or portion of a month, from the time the license expired.

(e)  When fees are remitted by mail to the commissioner, the date of payment shall be determined by the official postmark on the mail.

(f)  (1)  A licensee may request that his license be placed in an inactive status by making application to the commissioner and paying the applicable fee. A licensee whose license is inactive may not directly or indirectly engage in or conduct, or advertise or claim to be engaging in or conducting the business, or acting in the capacity of a home inspector as defined in § 62-6-302, governing home inspectors in this state. No continuing education shall be required for renewal of an inactive license. Licensees holding an inactive license are not required to maintain general liability or errors and omissions insurance. Inactive licenses shall be renewed biannually.

     (2)  A license that is inactive may be reactivated upon application to the commissioner.

          (A)  The licensee shall submit an application for reinstatement on a form as prescribed by the commissioner, accompanied by:

                (i)  A fee as prescribed by the commissioner;

                (ii)  A certificate of insurance in an amount required by the commissioner for general liability and errors and omissions, to cover all activities contemplated under this part; and

                (iii)  Evidence satisfactory to the commissioner that the applicant has not violated this part or any rules or regulations promulgated pursuant to this part during the period the license was inactive.

          (B)  If more than two (2) years have passed since the license was placed in an inactive status, the applicant shall, in addition to the requirements set forth in subdivision (f)(2)(A), also furnish evidence satisfactory to the commissioner that the applicant has completed thirty-two (32) hours of commissioner-approved continuing education during the twenty-four (24) months immediately preceding the date of application for reinstatement.

[Acts 2005, ch. 65, § 8; 2009, ch. 279, § 5.]