| (a) The investigation of complaints and disciplinary
action by the Commission against certificate holder will be conducted
in accordance with the Act and §535.141 of this chapter (relating
to Initiation of Investigation; Order Requirements). In addition to
the grounds for revoking or suspending a registration listed in the
Act, the Commission may revoke or suspend the registration of a certificate
holder on the following grounds:
(1) procuring or attempting to procure a registration
by fraud, misrepresentation or deceit, or by making a material misstatement
of fact in an application;
(2) failing or refusing on demand to produce a document,
book, or record in the certificate holder's possession concerning
an easement or right-of-way transaction involving the certificate
holder for examination by the Commission or its authorized agent;
and
(3) failing to provide information requested by the
Commission or its authorized agent in the course of an investigation
of a complaint by the 14th day after the date of the request.
(b) Appeals from disciplinary orders against a certificate
holder are governed by §1101.658 of the Act and by Chapter 533
of this title (relating to Practice and Procedure).
|
| Source Note: The provisions of this §535.402 adopted to be effective December 1, 1997, 22 TexReg 11680; amended to be effective August 31, 2004, 29 TexReg 8300; amended to be effective January 1, 2015, 39 TexReg 9669; amended to be effective September 7, 2015, 40 TexReg 5790; amended to be effective December 11, 2019, 44 TexReg 7711; amended to be effective June 11, 2023, 48 TexReg 2948 |
