(a) - (c)(No change.)
(d)Dismissal of Complaints.
(1)Commission staff will dismiss
a complaint with no further processing if staff determines at any
time that:
(A)the complaint is:
(i)not within the Commission's jurisdiction; or
(ii)inappropriate or without merit;
(B)no violation exists; or
(C)there is insufficient evidence to prove a case
at a hearing.
(2)Commission staff will send written
notice to the complainant and each respondent who has been notified
of the complaint within 14 days after a complaint is dismissed under
this subsection. [If Commission staff determines at any
time that the complaint is not within the Commission's jurisdiction,
the complaint will be dismissed with no further processing. Commission
staff will send written notice to the complainant regarding this determination
within 14 days. If the respondent has been notified of the complaint,
Commission staff will also send written notice to the respondent.]
[(e)If Commission staff determines
at any time that no violation exists, the complaint will be dismissed
with no further processing. Commission staff will send written notice
to the complainant and each respondent regarding this determination
within 14 days.]
(e)[(f)] Commission staff may
request additional information from any person, if necessary, to determine
how to proceed with the complaint.
(1)When information is requested from a complainant,
the complainant must respond within a reasonable time, or the complaint
may be closed and no further action will be taken. If the complaint
is closed under this subsection, Commission staff will send written
notice to the complainant and to the respondent, if the respondent
has been notified of the complaint.
(2)When information, documents, books, or records
are requested from a respondent, the respondent must respond within
a reasonable time, or the failure to respond may violate §1101.652(a)
or (a-1) of the Act.
(3)For purposes of this section and §1101.652(a)
and (a-1) of the Act, "a reasonable time" means 14 days from receipt
of a request made by Commission staff.
(4)Commission staff may agree to extend the time to
respond for good cause upon receipt of a written request for more
time from a complainant or respondent.
(f)[(g)] If Commission staff
determines that a complaint is within the Commission's jurisdiction,
a copy of the complaint, including attachments, will be sent to the
respondent.
(g)The Commission will protect the
identity of a complainant to the extent possible by excluding the
complainant's identifying information from a complaint notice sent
to a respondent.
(h) - (i)(No change.)
[(j)Commission staff may dismiss
a complaint when it determines there is insufficient evidence to prove
a case at a hearing. Staff will send written notice to the complainant
and each respondent within 14 days after a complaint is dismissed
under this subsection.]
(j)[(k)] Commission staff may
issue an advisory letter to a respondent when it determines that a
warning is sufficient to deter certain conduct or when it seeks to
educate a respondent about proper conduct to avoid a future violation.
(k)[(l)] When Commission staff
determines a violation exists, Commission staff may seek to resolve
the case through an agreed order with the respondent.
(l)[(m)] Absent good cause,
a case that is not dismissed or resolved by an advisory letter or
agreed order must be set for a hearing at the State Office of Administrative
Hearings not later than one year after the complaint is filed with
the Commission.
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 August 16, 2019
TRD-201902717 Kristen Worman
Deputy General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: September 29, 2019
For further information, please call: (512) 936-3093
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