SECTION 70.78. Responsibilities of the Registrants--General

(a) Each registrant must notify the department of any changes in information regarding the location, organization, staff, or ownership of the organization as required in the sections in this chapter. The notification must be received by the department no later than 10 days after the change occurs.

(b) Each registrant shall provide customers with access to the name, mailing address, and telephone number of the department for purposes of directing complaints to the department. A rubber stamp or sticker may be used to convey the information. The notification shall be included on:

(1) a sign prominently displayed in the place of business;

(2) any written contract for services; or

(3) any bill for services.

(c) Each industrialized builder responsible for any portion of the installation of industrialized housing shall present the following to the purchaser:

(1) Upon execution of a contract to purchase industrialized housing, a written notice that states, in minimum 12-point bold print: "The Texas Department of Licensing and Regulation may not open or investigate a consumer complaint or perform an inspection related to industrialized housing more than two years after a successful final on-site inspection of the installation of the housing." The written notice shall also include the following information:

(A) the Registration number and registered name and address of the industrialized builder;

(B) the registration number and registered name and address of the manufacturer of the industrialized housing; and

(C) the name, mailing address, telephone number, and web address of the department.

(2) At closing or within 15 days after a successful final on-site inspection of construction of industrialized housing, within the jurisdiction of a municipal inspection department:

(A) a copy of the record of final inspection from the municipality; and

(B) the decal or insignia number for each modular section of the house and the manufacturer's serial number for each modular section of the house.

(3) At closing or within 15 days after a successful final on-site inspection of construction of industrialized housing outside the jurisdiction of a municipal inspection department, or within a municipal jurisdiction without an inspection department, a copy of the final on-site inspection report in accordance with §70.73.

(d) The registrant must allow the department, as part of an inspection or investigation, to enter his business premises during regular business hours and examine and copy any records that relate directly or indirectly to the inspection or investigation being conducted. The department may inspect all records, books and documents, whether paper or electronic, pertaining to the agency's operation.

Source Note: The provisions of this §70.78 adopted to be effective July 13, 1990, 15 TexReg 3741; amended to be effective December 1, 2003, 28 TexReg 10458; amended to be effective May 1, 2014, 39 TexReg 3412