Texas Register

RULE §533.3Filing and Notice
ISSUE 05/20/2022
ACTION Final/Adopted
Preamble Texas Admin Code Rule

(a)If the Commission denies an application for a license, the Commission shall send the applicant written notice of the denial. An applicant may accept the denial or make a written request for a hearing on that denial. If an applicant fails to request a hearing in writing not later than the 30th day after the date the notice denying an application is sent, the Commission's denial is final.

(b)When an application is denied by the Commission, no subsequent application will be accepted from the applicant until two years after the date of the Commission's written notice of denial under subsection (a) of this section.

(c)If after investigation of a possible violation and the facts surrounding that possible violation the Commission determines that a violation has occurred, the Commission may issue a written Notice of Alleged Violation to the respondent. The Commission shall provide notice in accordance with the APA.

(d)Not later than the 30th day after the date on which the Notice of Alleged Violation is sent, the respondent may:

  (1)accept the determination of the Commission, including sanctions recommended by the Commission; or

  (2)make a written request for a hearing on that determination.

(e)Upon receipt of a written request for hearing, the Commission shall submit a request to docket case to SOAH accompanied by copies of relevant documents giving rise to a contested case.

(f)When the Commission submits a request to docket case with SOAH, SOAH acquires jurisdiction over a contested case until SOAH issues final amendments or corrections to the Proposal for Decision. In case of a conflict with the Commission's rules, SOAH's rules control while SOAH has jurisdiction.

(g)Pleadings, other documents, and service to SOAH shall be filed in accordance with SOAH's rules.

(h)If a sales agent is a respondent, the Commission will notify the sales agent's sponsoring broker of the hearing. If an apprentice inspector or real estate inspector is a respondent, the Commission will notify the sponsoring professional inspector of the hearing. Notice under this subsection need not be provided by certified or registered mail.

(i)Any document served upon a party is prima facie evidence of receipt, if it is directed to the party's mailing address or email address. This presumption is rebuttable. Failure to claim properly addressed certified or registered mail will not support a finding of nondelivery.

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


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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