: 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	08/27/2004
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). 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 within 10 days to provide information requested by the commission or its authorized agent in course of an investigation of a complaint.

(b)Appeals from disciplinary orders against a registrant will be governed by the Act, §1101.658 and by Chapter 533 of this title (relating to Practice and Procedure).

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 11, 2004

TRD-200405131

Loretta DeHay

General Counsel

Texas Real Estate Commission

Effective date: August 31, 2004

Proposal publication date: June 25, 2004

For further information, please call: (512) 465-3900

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