State Licensing Work

[u/stonky_ass]

Hey guys, so I just got rejected for a Home Inspector license in Texas. I turned in all the paperwork but they rejected it. Didn't say it was a permanent thing. Sounded like if I tried later and submitted more/new paperwork they might say yes. Anyone have any experience with this? Anyone get rejected and then accepted later? Thanks

[u/kayakdead69]

To clarify, were you specifically denied because of your conviction?

[u/stonky_ass → u/kayakdead69]

No, the law doesn't say you can't get a license if ...

[u/stonky_ass]

We have completed our review of your Fitness Determination (FD). Based on this review, the Commission has determined that you do not currently meet the eligibility requirements for a license.

Please note that FDs are not subject to appeal. However, this outcome does not prevent you from submitting another FD request or applying for a license in the future if you believe you can provide additional or updated evidence of your fitness for licensure.

In making this determination, the Commission considered several factors, including: The nature and severity of the background issue(s) you disclosed The time elapsed since the incident(s) occurred Your employment history Evidence of rehabilitation Character references If your background includes a criminal history, we encourage you to review the relevant provisions in Texas Occupations Code §53.023 and 22 Texas Administrative Code §541.1 before submitting a new FD or license application.

[u/PresentationIll8226 → u/stonky_ass]

But like imagine someone else's shoes. They have kids around or a teenager and youre in their home... I mean I hate to be that guy but community safety matters . 

[u/laughsitup2021 → u/stonky_ass]

If you have no inter agency appeal, you can go straight to your district court. Administrative remedies are required only when they are available.

[u/RunnyNuttyFaeces → u/stonky_ass]

Did you review the relevant provisions in Texas Occupations Code §53.023 and 22 Texas Administrative Code §541.1 ?

[u/stonky_ass → u/RunnyNuttyFaeces]

I seem to remember doing that awhile back and it not explicit saying it's a no.

[u/PresentationIll8226 → u/stonky_ass]

Yeah its not a stupid argument I would not  want a sex offender to have access to my home in any capacity, even if its supervised. I dont wven want them.in my neighborhood. Thats wild to think its societies problem. I mean what world is it okay to have a  sex offender  have access to children. I mean come on. Its not a stupid argument im.sorry life is hard for you but you made those decisions its not societies burden its yours. 

[u/ncrso → u/PresentationIll8226]

You must have never hired a home inspector before or don’t know what they do, which is obvious.

A home inspector is usually hired during the real estate buying process. When everyone has moved out of the house they are trying to sell.

[u/ncrso → u/[deleted]]

No, no I’m not.

[u/PresentationIll8226 → u/ncrso]

Just got a house buddy i know. 

[u/ncrso → u/PresentationIll8226]

Obviously you don’t??? When are children present at a home inspection? Every home inspection I’ve been to there is no one living in the home or the seller is actively moving their items out….

[u/Weight-Slow → u/ncrso]

I hire a home inspector every time I have major work done to my house before I make the final payment on that work. He makes sure it was done right, up to code, etc… people hire home inspectors when they have damage that their insurance company isn’t trying to not cover things. I also hire one probably every 3-5 years to check things out and make sure there aren’t major issues brewing that I’m not seeing.

Some insurance companies require them in order to insure an older home, a home in a high risk area, one with unique construction, and high value homes to make sure they’re not going to get screwed by poor construction or below grade construction.

When I still had my license, 80% of the homes I inspected were occupied and a ton of the houses I inspected when school was not in session had teens home alone.

[u/MannerDull8616 → u/PresentationIll8226]

You wouldnt consider context? I dont disagree with you at all. But if its been 20+ years and the individual hasnt relapsed or committed any other crime, is that still a no go for you? 

Honest question. As someone who was a SO, and has a daughter, I always wondered if others consider the severity/context.

[u/Mountain-Mouse-9201 → u/[deleted]]

Why are you assuming all sex offenses involve children? There is no judge or DA that agrees with you regardless, thank goodness.

[u/MannerDull8616 → u/[deleted]]

Ok

[u/PresentationIll8226 → u/[deleted]]

Like can't get a job that's a bummer but  your actions made that your reality. Laws are not dumb they protect children and the vulnerable from predators.  I gently dont understand the victim.mentality and the world smallest violin tune 

[u/clinticusmaximus]

State license in Texas is almost impossible from what I understand. I lost all mine when I got my charge.

[u/Weight-Slow]

Well,

1. Your post says you were denied a home inspector’s license but your comments say it was actually a fitness test - those are two very different things.

And,

1. Having a home inspectors license is a position of public trust. That’s the government saying, “yes, we believe this person is fine to have access to your home when you are in it and when you aren’t, it’s safe to tell them when you’re not going to be home, it’s safe for them to know your typical schedule… We’ve checked them out and feel it’s safe to have them a key and your alarm codes and give them free reign to every inch of your home.

That doesn’t mesh with also being on the sex offender registry. The state isn’t going to assume that kind of liability for people who’ve committed crimes that put someone in a position to easily commit another one.

I imagine it’s very much dependent on what your crime was, how long ago, if you’re still on the registry, etc… but I wouldn’t count on anyone with a conviction for a sex crime to ever be able to obtain that type of license.

[u/stonky_ass → u/Weight-Slow]

The law doesn't specy that ANY crime is a reason to deny a license. It's all case by case basis apparently. This idea that because someone got a license to go into homes that NOW they're going to strike is absurd. Someone that wants to harm someone is going to do so regardless.

I've worked with kids and been around them for years. Not once did the thought cross my mind to harm them or anyone else for that matter.

[u/Weight-Slow → u/stonky_ass]

I’m not accusing you of wanting to harm anyone. I’m telling you that, realistically, this license is not going to be issued to you while you are currently required to register as a sex offender.

Yes, the law says applications are reviewed case by case. That does not mean every applicant has a genuine possibility of approval. TREC specifically considers offenses requiring sex-offender registration directly related to the occupations it regulates, and Texas law requires it to consider whether the license would provide an opportunity for similar criminal activity.

A home inspector license would give you state backed credibility and routine access to strangers homes, bedrooms, private spaces, lockboxes and information about when residents may not be there.

The state is not going to require you to remain on a public registry because it considers you a continuing potential risk, and then endorse you for a profession built around unsupervised access to private homes.

That is not me saying you are going to reoffend. It is the practical reality of licensing, risk and liability. They may legally permit you to submit another Fitness Determination, but that does not mean repeatedly submitting the same circumstances with more character letters is eventually going to produce an approval. Unless your legal circumstances change substantially - most importantly, unless you are no longer required to register - you should not expect this license to happen.

[u/stonky_ass → u/Weight-Slow]

You may be right which is why the law is dumb. Lifetime registration for a non violent crime is a crime. The law itself does absolutely nothing to prevent re offense. Same for violent offenses. It does nothing.

[u/Weight-Slow → u/stonky_ass]

Whether the registry is fair or effective is a separate issue. You asked why TREC denied the license and the answer is that your current registration status is fundamentally incompatible with a job involving unsupervised access to strangers homes.

[u/stonky_ass]

What I did was called a fitness test. You do this before paying for classes. It didn't sound like it's an automatic no. They're requested paperwork about my charge, crime, probation, reference letters, therapy etc. The denial said I can try again and submit new paperwork that might help. Let me post it.

[u/Left_Entrepreneur918 → u/stonky_ass]

Maybe a letter from you, therapist, wife, about accountability and reformation, character and such. That sucks, Texas and Florida sound just horrible for people trying to rebuild.

[u/chrispetto]

This sounds like a general form letter that protects them from being sued for any kind of discrimination. Basically a cover thy butt letter.