: Texas Register

Texas Register

TITLE 22	EXAMINING BOARDS
PART 23	TEXAS REAL ESTATE COMMISSION
CHAPTER 535	GENERAL PROVISIONS
SUBCHAPTER T	EASEMENT OR RIGHT-OF-WAY AGENTS
RULE §535.402	Complaints, Disciplinary Action and Appeals
ISSUE	12/13/2019
ACTION	Final/Adopted

Preamble

Texas Admin Code Rule

(a)The investigation of complaints and disciplinary action by the Commission against registrants will be conducted in accordance with the Act and §535.141 of this title (relating to Initiation of Investigation; Order Requirements). In addition to the grounds for revoking or suspending a registration listed in the Act, the Commission may revoke or suspend the registration of a registrant on the following grounds:

(1)procuring or attempting to procure a registration by fraud, misrepresentation or deceit, or by making a material misstatement of fact in an application;

(2)failing or refusing on demand to produce a document, book, or record in the registrant's possession concerning an easement or right-of-way transaction involving the registrant for examination by the Commission or its authorized agent; and

(3)failing to provide information requested by the Commission or its authorized agent in course of an investigation of a complaint by the 14th day after the date of the request.

(b)Appeals from disciplinary orders against a registrant are governed by §1101.658 of the Act and by Chapter 533 of this title.

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 November 21, 2019

TRD-201904433

Kristen Worman

Deputy General Counsel

Texas Real Estate Commission

Effective date: December 11, 2019

Proposal publication date: August 30, 2019

For further information, please call: (512) 936-3093

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