| (a) The commission shall provide notice to all parties
in accordance with the APA §2001.052, Chapters 1101 and 1102,
Texas Occupations Code, and the following:
(1) 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.
(2) The Notice of Alleged Violation shall be sent to
the Respondent's mailing address by certified or registered mail.
(3) The Notice of Alleged Violation shall include:
(A) a brief summary of the alleged violation(s);
(B) a statement of the amount of the penalty and/or
sanction recommended; and
(C) a statement of the right of the Respondent to a
hearing.
(4) The commission shall base the recommendation on
the factors set forth in this chapter.
(b) Not later than the 20th day after the date on which
the notice is received, the Respondent may accept the determination
of the commission, including the recommended penalty and/or sanction,
or make a written request for a hearing on that determination.
(c) Upon receipt of a written request for hearing,
the commission shall submit a Request for Docket Case form to SOAH
accompanied by legible copies of all pertinent documents, including
but not limited to the Notice of Hearing or other document describing
the agency action giving rise to a contested case. In accordance with
1 TAC §155.53 (relating to Request to Docket Case), the commission
shall request one or more of the following actions on the Request
to Docket Case form:
(1) Setting of hearing;
(2) Assignment of an administrative law judge; and/or
(3) Setting of alternative dispute resolution proceeding,
including but not limited to mediated settlement conference, mediation,
or arbitration.
(d) The original of all pleadings and other documents
requesting action or relief in a contested case, shall be filed with
SOAH once it acquires jurisdiction. Pleadings, other documents, and
service to SOAH shall be directed to: Docketing Division, State Office
of Administrative Hearings, 300 West 15th Street, Room 504, P.O. Box
13025, Austin, Texas 78711-3025. The time and date of filing shall
be determined by the file stamp affixed by SOAH. Unless otherwise
ordered by the judge, only the original and no additional copies of
any pleading or document shall be filed. Unless otherwise provided
by law, after a proposal for decision has been issued, originals of
documents requesting relief, such as exceptions to the proposal for
decision or requests to reopen the hearing, shall be filed with the
commission's administrator and/or commission as well as the commission's
Standards and Enforcement Services Division, P.O. Box 12188, Austin,
Texas 78711; or by facsimile at (512) 936-3809. Filings may be made
until 5:00 p.m. on business days. Copies shall be filed with SOAH.
(e) If a real estate salesperson is a Respondent, the
commission also will notify the salesperson's sponsoring broker of
the hearing. Such notice need not be provided by certified or registered
mail. If an apprentice inspector or real estate inspector is a Respondent,
the commission also will notify the sponsoring professional inspector
of the hearing.
(f) Any document served upon a party is prima facie
evidence of receipt if it is directed to the party's mailing address.
This presumption is rebuttable. Failure to claim properly addressed
certified or registered mail will not support a finding of nondelivery.
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| Source Note: The provisions of this §533.3 adopted to be effective December 30, 2007, 32 TexReg 9987; amended to be effective September 1, 2010, 35 TexReg 7797; amended to be effective May 31, 2011, 36 TexReg 3329; amended to be effective March 6, 2013, 38 TexReg 1363 |
