|(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 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) of this section.
(c) 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) Not later than the 30th 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) 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) 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) Pleadings, other documents, and service to SOAH
shall be filed in accordance with SOAH's rules.
(h) If a 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) 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.
|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; amended to be effective September 8, 2014, 39 TexReg 7139; amended to be effective November 24, 2015, 40 TexReg 8219; amended to be effective December 6, 2017, 42 TexReg 6799; amended to be effective May 25, 2022, 47 TexReg 3050