(1)The Commission staff may:
(A)conduct on-site audits without prior notice to
an approved provider; and
(B)enroll and attend a course without identifying
themselves as employees of the Commission for purposes of auditing
(2)An audit report indicating noncompliance with the
Act or Rules is treated as a written complaint against the approved
(b)Complaints, investigations and hearings.
(1)The Commission shall investigate complaints against
approved providers which allege acts constituting violations of the
Act, Chapter 1102, Texas Occupations Code and Commission rules.
(2)Complaints must be in writing, and the Commission
may not initiate an investigation, or take action against an approved
provider or instructor, based on an anonymous complaint.
(3)Commission staff may initiate a complaint for any
violation of the Act, Chapter 1102, Texas Occupations Code and Commission
rules, including a complaint against an approved provider, if a course
completion certificate or other document filed with the Commission
provides reasonable cause to believe a violation of this subchapter
(4)The Commission shall provide the approved provider
named in the complaint a copy of the complaint.
(5)Proceedings against approved providers will be
conducted in the manner required by §1101.657 of the Act, the
Administrative Procedure Act, Texas Government Code, Chapter 2001,
and Chapter 533 of this title (relating to Practice and Procedure).
Venue for any hearing conducted under this section will be in Travis
(c)Cooperation with audit or complaint investigation.
An approved provider shall provide records in his or her possession
for examination by the Commission or provide such information as is
requested by the Commission not later than the 15th day after the
date of receiving a request for examination of records or information.
(d)Grounds for disciplinary action against an approved
(1)The following acts committed by an approved provider
or qualified instructor acting on behalf of the provider, are grounds
for disciplinary action by the Commission against the provider:
(A)procuring or attempting to procure approval for
a provider or course by fraud, misrepresentation or deceit, or by
making a material misrepresentation of fact in an application filed
with the Commission;
(B)making a false representation to the Commission,
either intentionally or negligently, that a person had attended a
course or a portion of a course for which credit was awarded, that
a person had completed an examination, or that the person had completed
any other requirement for course credit;
(C)aiding or abetting a person to circumvent the requirements
for attendance established by these sections, the completion of any
examination, or any other requirement for course credit;
(D)failing to provide, not later than the 15th day
after the date of a request, information requested by the commission
as a result of a complaint which would indicate a violation of these
(E)making a materially false statement to the Commission
in response to a request from the Commission for information relating
to a complaint against the approved provider;
(F)disregarding or violating a provision of this Chapter
or the Act; or
(G)a provider of qualifying education failing to maintain
sufficient financial resources to continue operation of the provider.
(2)If the Commission receives a complaint, or is presented
with other evidence acceptable to the Commission alleging that a provider
or instructor is not adequately teaching to the curriculum standards
as required by this Chapter, the Commission may initiate a complaint
against that provider.
(3)If after an investigation the Commission determines
that a provider or instructor engaged in any of the acts listed in
this subsection, or failed to teach to the curriculum standards as
required by this Chapter, the Commission may take the following disciplinary
action against a provider:
(B)impose an administrative penalty;
(C)require additional education; or
(D)suspend or revoke approval.
(e)Probation. The Commission may probate an order
of suspension or revocation issued under this section upon reasonable
terms and conditions.
The agency certifies that legal counsel has reviewed
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 November 21, 2019
Texas Real Estate
Effective date: December 11, 2019
Proposal publication date: August 30, 2019
For further information, please call: (512) 936-3177