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The following words and terms, when used in this chapter, have
the following meanings, unless the context clearly indicates otherwise.
(1)ADR--Alternative dispute resolution.
(2)ADR Procedures--Alternatives to judicial forums
or administrative agency contested case proceedings for the voluntary
settlement of contested matters through the facilitation of an impartial
third-party.
(3)APA--The Administrative Procedure Act (Texas Government
Code, Chapter 2001).
(4)Applicant--Any person seeking a license, certificate,
registration, approval, or permit from the Commission.
(5)Commission--The Texas Real Estate Commission.
(6)Complainant--Any person who has filed a complaint
with the Commission against any person whose activities are subject
to the jurisdiction of the Commission.
(7)Contested case or proceeding--A proceeding in which
the legal rights, duties, or privileges of a party are to be determined
by the Commission and/or the Executive Director after an opportunity
for adjudicative hearing.
(8)Executive Director--The Executive Director of the
Texas Real Estate Commission.
(9)License--The whole or part of any registration,
license, certificate, approval, permit, or similar form of permission
required or permitted by law issued by the Commission.
(10)Mailing Address--The mailing address as provided
to the Commission by a license holder and maintained as required by
the Commission's rules or as provided to the Commission by an applicant
or as shown in the Commission's records for a respondent who is not
a license holder. The mailing address for a respondent that holds
an active sales agent license shall be the mailing address of the
sales agent's sponsoring broker as shown in the Commission's records.
(11)Party--A person admitted to participate in a case
before the Commission or the Executive Director.
(12)Person--Any individual, partnership, corporation,
or other legal entity, including a state agency or governmental subdivision.
(13)Pleading--A written document submitted by a party,
or a person seeking to participate in a case as a party, which requests
procedural or substantive relief, makes claims, alleges facts, makes
legal arguments, or otherwise addresses matters involved in the case.
(14)Respondent--Any person, licensed or unlicensed,
who has been charged with violating a law that establishes a regulatory
program administered by the Commission or a rule or order issued by
the Commission.
(15)Sanctions--Any administrative penalty, disciplinary
or remedial action imposed by the Commission for violations of Texas
Occupations Code, Chapter 1101, 1102, or 1105 or the Rules adopted
by the Commission pursuant to those chapters.
(16)SOAH--State Office of Administrative Hearings.
(17)TAC--Texas Administrative Code.
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 May 5, 2022
TRD-202201768 Abby
Lee
Deputy General Counsel
Texas Real Estate Commission
Effective date: May 25, 2022
Proposal publication date: March 11, 2022
For further information, please call: (512) 936-3057
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