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(a)If, not later than the 30th day after the date
a Notice of Alleged Violation is sent, the respondent fails to accept
the Commission's determination and recommended sanctions, or fails
to make a written request for a hearing on the determination, the
Commission shall enter a default order against the respondent, incorporating
the findings of fact and conclusions of law in the Notice of Alleged
Violation, which shall be deemed admitted.
(b)The Commission may delegate to the Executive Director
the Commission's authority to act under Texas Occupations Code, §1101.704(b)
and subsection (a) of this section.
(c)SOAH rules relating to Default Proceedings and
Dismissal Proceedings apply when a respondent or applicant fails to
appear on the day and time set for administrative hearing. In that
case, the Commission's staff may move either for dismissal of the
case from SOAH's docket or for the issuance of a default Proposal
for Decision by the administrative law judge. If the administrative
law judge issues an order dismissing the case from the SOAH docket
or issues a default Proposal for Decision, the factual allegations
against the respondent or applicant filed at SOAH are admitted and
the Commission shall enter a default order against the respondent
or applicant as set out in the Notice of Hearing sent to the respondent
or applicant. No additional proof is required to be submitted to the
Commission before the Commission enters the final order.
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-202201769 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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