(a) - (b)(No change.)
(c)Using the criteria specified by
Section 1101.204 of the Act, the Commission prioritizes and investigates
complaints received by the Commission as follows:
(1)Level 1.
(A)Fraud or misrepresentation that involves loss of
>$10K.
(B)Personal safety issues.
(C)Unlicensed activity.
(D)Mortgage Fraud.
(2)Level 2.
(A)Fraud or misrepresentation that involves loss of
money or property <$10,000.
(B)Negligence.
(C)Allegations involving education providers.
(D)Violations of Chapter 1102, Texas Occupations Code:
(i)1102.301 negligence or incompetence by an inspector.
(ii)1102.302 employment contingent on inspection report.
(iii)1102.303 acting in conflicting capacities, i.e.
inspector, broker, principal.
(iv)1102.305 agreeing to perform repairs in connection
with inspection.
(E)Violations of Standards of Practice, §§535.227-
535.231 of this chapter.
(3)Level 3.
(A)Technical violations.
(B)Chapter 1102 complaints other than those listed
in Level 2 above.
[(c)Once a written and signed complaint
has been filed with the Commission, the Commission has jurisdiction
to consider, investigate and take action based on the complaint. Complaints
may be withdrawn only with the consent of the Commission.]
(d) - (e)(No change.)
(f)A person whose license has been suspended may not
during the period of any suspension perform, attempt to perform, or
advertise to perform any act for which a license is required by the
Act or Rules.
(g) - (i)(No change.)
The agency certifies that legal counsel has reviewed
the proposal and found it to be within the state agency's legal
authority
to adopt.
Filed with the Office
of the Secretary of State on February 13, 2019
TRD-201900515 Kristen Worman
Deputy General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: March 31, 2019
For further information, please call: (512) 936-3093
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