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(a)The Commission may suspend or revoke a license
or take other disciplinary action authorized by Chapter 1102 in addition
to or instead of assessing the administrative penalties set forth
in this section.
(b)The administrative penalties set forth in this
section consider the criteria listed in §1101.702(b) of the Act.
(c)An administrative penalty range of $100 - $1,500
per violation per day may be assessed for violations of the following
sections of Chapter 1101, Chapter 1102 and this subchapter:
(1)§1101.652(a)(7);
(2)§1102.118;
(3)§1102.305;
(4)§1102.364;
(5)22 TAC §535.216(d);
(6)22 TAC §535.217;
(7)22 TAC §535.220(a) - (d);
(8)22 TAC §535.221; and
(9)22 TAC §535.223.
(d)An administrative penalty range of $500 - $3,000
per violation per day may be assessed for violations of the following
sections of Chapter 1101, Chapter 1102 and this subchapter:
(1)§§1101.652(a)(3) - (4);
(2)§1102.301;
(3)22 TAC §535.222;
(4)22 TAC §535.226(d) - (e); and
(5)22 TAC §§535.227 - 535.233.
(e)An administrative penalty of $1,000 - $5,000 per
violation per day may be assessed for violations of the following
sections of Chapter 1101, Chapter 1102 and this subchapter:
(1)§§1101.652(a)(2), (5) - (6);
(2)§1102.101;
(3)§1102.102;
(4)§1102.103;
(5)§1102.302;
(6)§1102.303;
(7)§1102.304;
(8)22 TAC §535.208(f);
(9)22 TAC §535.211;
(10)22 TAC §535.215;
(11)22 TAC §535.220(e)(1), (3) - (7); and
(12)22 TAC §535.224(b)(1) - (2).
(f)The Commission may assess an administrative penalty
of up to two times that outlined under subsections (c), (d), and (e)
of this section, subject to the maximum penalties authorized under
§1101.702(a) of the Act, if a person has a history of previous
violations.
The agency certifies that legal counsel has reviewed
the adoption and found it to be a valid exercise of the agency's legal
authority.
Filed with the Office
of the Secretary of State on February 13, 2019
TRD-201900513 Kerri
Lewis
General Counsel
Texas Real Estate Commission
Effective date: March 5, 2019
Proposal publication date: December 7, 2018
For further information, please call: (512) 936-3092
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