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Historical Rule for the Texas Administrative Code

TITLE 22EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 533PRACTICE AND PROCEDURE
RULE §533.7Proposals for Decision

(a) Proposed decisions shall be brought before the commission for final decision.

(b) The proposal for decision may be acted on by the commission after the expiration of 10 days after the filing of replies to exceptions to the proposal for decision or upon the day following the day exceptions or replies to exceptions are due if no such exceptions or replies are filed.

(c) It is the policy of the commission to change a finding of fact or conclusion of law in a proposal for decision or to vacate or modify the proposed order of a judge when, the commission determines:

  (1) that the judge did not properly apply or interpret applicable law, agency rules, written policies provided by staff or prior administrative decisions;

  (2) that a prior administrative decision on which the judge relied is incorrect or should be changed; or

  (3) that a technical error in a finding of fact should be changed.


Source Note: The provisions of this §533.7 adopted to be effective December 30, 2007, 32 TexReg 9987

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