(a)The timely filing of a motion for rehearing is
a prerequisite to appeal. The motion must be filed with the Commission
(1)delivering the motion in-person to the Commission's
(2)sending the motion via email to email@example.com;
(3)sending the motion via fax to (512) 936-3788, ATTN:
TREC General Counsel.
(b)Motions for rehearing are controlled by the APA,
§§2001.145 - 2001.147 and this section.
(c)A motion for rehearing shall set forth the particular
finding of fact, conclusion of law, ruling, or other action which
the complaining party asserts caused substantial injustice to the
party and was in error, such as violation of a constitutional or statutory
provision, lack of authority, unlawful procedure, lack of substantial
evidence, abuse of discretion, other error of law, or other good cause
specifically described in the motion. In the absence of specific grounds
in the motion, the Commission will take no action and the motion will
be overruled by operation of law.
(d)The Commission delegates authority to hear and
rule on motions for rehearing to the Commission's Enforcement Committee,
consisting of three Commission members appointed by the Commission
(e)Any party may request oral arguments before the
Enforcement Committee prior to the final disposition of the motion
for rehearing. If the Enforcement Committee grants a request for oral
argument, oral arguments will be conducted in accordance with paragraphs
(1) - (5) of this subsection.
(1)The chair of the Enforcement Committee or the member
designated by the chair to preside (the presiding member) shall announce
the case. Upon the request of any party, the presiding member may
conduct a prehearing conference with the parties and their attorneys
of record. The presiding member may announce reasonable time limits
for any oral arguments to be presented by the parties.
(2)The hearing on the motion shall be limited to a
consideration of the grounds set forth in the motion. Testimony by
affidavit or documentary evidence, such as excerpts of the record
before the presiding officer, may be offered in support of, or in
opposition to, the motion; provided, however, a party offering affidavit
testimony or documentary evidence must provide the other party with
copies of the affidavits or documents at the time the motion is filed.
New evidence may not be presented on the substance of the case unless
the party submitting the evidenced can establish that the new evidence
was not reasonably available at the time of the original hearing,
or the party offering the evidence was misled by a party regarding
the necessity for offering the evidence at the original hearing.
(3)In presenting oral arguments, the party filing
the motion will have the burden of proof and persuasion and shall
open and close. The party responding to the motion may offer rebuttal
arguments. Parties may request an opportunity for additional rebuttal,
subject to the discretion of the presiding member.
(4)After being recognized by the presiding member,
the members of the Enforcement Committee may ask questions of the
parties. If a party is represented by counsel, the questions must
be directed to the party's attorney. Questions must be limited to
the grounds asserted for the motion to be granted and to the arguments
made by the parties.
(5)Upon the conclusion of oral arguments, questions
by the members of the Enforcement Committee, and any discussion by
the members of the Enforcement Committee, the presiding member shall
call for a vote on the motion. A member of the Enforcement Committee
need not make a separate motion or second a motion filed by a party.
The presiding member may vote on the motion. A motion may be granted
only if a majority of the Enforcement Committee members are present
and vote in favor of the motion. In the event of a tie vote, the presiding
member shall announce that the motion is overruled.
(f)A petition for judicial review must be filed in
a District Court of Travis County Texas as provided by the APA. A
party filing a petition for judicial review must also comply with
the requirements of Texas Occupations Code, §1101.707.
(g)A party who appeals a final decision in a contested
case must pay all costs for the preparation of the original or a certified
copy of the record of the agency proceeding that is required to be
transmitted to the reviewing court.
(h)If, after judicial review, the administrative penalty
is reduced or not assessed, the Executive Director shall remit to
the person charged the appropriate amount, plus accrued interest if
the administrative penalty has been paid, or shall execute a release
of the bond if a supersedeas bond has been posted. The accrued interest
on amounts remitted by the Executive Director under this subsection
shall be paid at a rate equal to the rate charged on loans to depository
institutions by the New York Federal Reserve Bank, and shall be paid
for the period beginning on the date that the assessed administrative
penalty is paid to the Commission and ending on the date the administrative
penalty is remitted.
The agency certifies that legal counsel has
the adoption and found it to be a valid exercise of the agency's legal
Filed with the Office
of the Secretary of State on May 8, 2019
Deputy General Counsel
Texas Real Estate Commission
Effective date: May 28, 2019
Proposal publication date: March 1, 2019
For further information, please call: (512) 936-3093