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(a)The commission may suspend or revoke a license or take other disciplinary action authorized by Chapter 1102 of the Texas Occupations Code in addition to or instead of assessing the administrative penalties set forth in this section. (b)The administrative penalties set forth in this section take into consideration the criteria listed in §1101.702(b) of the Texas Occupations Code. (c)An administrative penalty range of $100 - $1,500 per violation per day may be assessed for violations of the following sections of the Texas Occupations and Administrative Codes: (1)§1102.118; (2)§1102.364; (3)22 TAC §535.216(d); (4)22 TAC §535.220(a) - (d); (5)22 TAC §535.221; and (6)22 TAC §535.223. (d)An administrative penalty range of $500 - $3,000 per violation per day may be assessed for violations of the following sections of the Texas Occupations and Administrative Codes: (1)§1102.301; (2)22 TAC §535.222; (3)22 TAC §535.224(b)(1) - (3); (4)22 TAC §535.226(d) - (e); and (5)22 TAC §§535.227 - 535.233. (e)An administrative penalty of $1,000 - $5,000 per violation per day may be assessed for violations of the following sections of the Texas Occupations and Administrative Codes: (1)§1102.101; (2)§1102.102; (3)§1102.103; (4)§1102.302; (5)§1102.303; (6)§1102.304; (7)22 TAC §535.208(f); (8)22 TAC §535.211; (9)22 TAC §535.215; (10)22 TAC §535.220(e)(1), (3) - (7); and (11)22 TAC §535.224(b)(4) - (5). (f)The commission may assess an administrative penalty of up to two times that outlined under subsections (c), (d), and (e) of this section, subject to the maximum penalties authorized under §1101.702(a) of the Texas Occupations Code, if a person has a history of previous violations.
This agency
hereby certifies that the proposal has
been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on May 11, 2011
TRD-201101726 Devon V. Bijansky
Deputy General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: June 26, 2011
For further information, please call: (512) 465-3926
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