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(a)The Commission may suspend or revoke a license
or take other disciplinary action authorized by Chapter 1102 in addition
to or instead of assessing the administrative penalties set forth
in this section.
(b)The administrative penalties set forth in this
section consider the criteria listed in §1101.702(b) of the Act.
(c)An administrative penalty range of $100 - $1,500
per violation per day may be assessed for violations of the following
sections of Chapter 1101, Chapter 1102 and this subchapter:
(1)§1101.652(a)(8);
(2)§1102.118;
(3)§1102.305;
(4)22 TAC §535.216(c);
(5)22 TAC §535.217;
(6)22 TAC §535.220(a) - (d) and (g);
(7)22 TAC §535.221; and
(8)22 TAC §535.223.
(d)An administrative penalty range of $500 - $3,000
per violation per day may be assessed for violations of the following
sections of Chapter 1101, Chapter 1102 and this subchapter:
(1)§§1101.652(a)(3) - (4);
(2)§1102.301;
(3)22 TAC §535.222;
(4)22 TAC §535.226(d) - (e); and
(5)22 TAC §§535.227 - 535.233.
(e)An administrative penalty of $1,000 - $5,000 per
violation per day may be assessed for violations of the following
sections of Chapter 1101, Chapter 1102 and this subchapter:
(1)§§1101.652(a)(2), (5) - (6);
(2)§1102.101;
(3)§1102.102;
(4)§1102.103;
(5)§1102.302;
(6)§1102.303;
(7)§1102.304;
(8)22 TAC §535.208(e)(2);
(9)22 TAC §535.211;
(10)22 TAC §535.215;
(11)22 TAC §535.220(e)(1), (3) - (7); and
(12)22 TAC §535.224(b)(1) - (2).
(f)The Commission may assess an administrative penalty
of up to two times that outlined under subsections (c), (d), and (e)
of this section, subject to the maximum penalties authorized under §1101.702(a)
of the Act, if a person has a history of previous violations.
(g)Payment of an administrative penalty
must be submitted in a manner acceptable to the Commission. Payments
authorized to be submitted online may be subject to fees set by the
Department of Information Resources that are in addition to the administrative
penalty assessed by the Commission.
The agency certifies that legal counsel has reviewed
the proposal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office
of the Secretary of State on November 7, 2024
TRD-202405392 Abby Lee
Deputy General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: December 22, 2024
For further information, please call: (512) 936-3057
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