(a)If the Commission denies an application for a license,
the Commission shall send the applicant written notice of the denial.
An applicant may accept the denial or make a written request for a
hearing on that denial. If an applicant fails to request a hearing
in writing not later than the 30th [20th] day
after the date the notice denying an application is sent, the Commission's
denial is final.
(b)When an application is denied
by the Commission, no subsequent application will be accepted from
the applicant until two years after the date of the Commission’s
written notice of denial under subsection (a).
(c)[(b)] If after investigation
of a possible violation and the facts surrounding that possible violation
the Commission determines that a violation has occurred, the Commission
may issue a written Notice of Alleged Violation to the Respondent.
The Commission shall provide notice in accordance with the APA.
(d)[(c)] Not later than the 30th
[20th] day after the date on which the Notice of
Alleged Violation is sent, the Respondent may:
(1)accept the determination of the Commission, including
sanctions recommended by the Commission; or
(2)make a written request for a hearing on that determination.
(e)[(d)] Upon receipt of a written
request for hearing, the Commission shall submit a request to docket
case to SOAH accompanied by copies of relevant documents giving rise
to a contested case.
(f)[(e)] When the Commission
submits a request to docket case with SOAH, SOAH acquires jurisdiction
over a contested case until SOAH issues final amendments or corrections
to the Proposal for Decision. In case of a conflict with the Commission's
rules, SOAH's rules control while SOAH has jurisdiction.
(g)[(f)] Pleadings, other documents,
and service to SOAH shall be filed in accordance with SOAH's rules.
(h)[(g)] If a real estate sales
agent is a Respondent, the Commission will notify the sales agent's
sponsoring broker of the hearing. If an apprentice inspector or real
estate inspector is a Respondent, the Commission will notify the sponsoring
professional inspector of the hearing. Notice under this subsection
need not be provided by certified or registered mail.
(i)[(h)] Any document served
upon a party is prima facie evidence of receipt, if it is directed
to the party's mailing address or email address. This presumption
is rebuttable. Failure to claim properly addressed certified or registered
mail will not support a finding of nondelivery.
The agency certifies
that legal counsel has reviewed
the proposal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office
of the Secretary of State on August 11, 2017
TRD-201703080 Kerri Lewis
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: September 24, 2017
For further information, please call: (512) 936-3092
|