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(a)The committee may be authorized by the commission to conduct administrative hearings or recommend the entry of final orders by the commission, or both, in contested cases regarding: (1)professional inspectors, real estate inspectors, or apprentice inspectors who are alleged to have violated a provision of Texas Occupations Code, Chapter 1102 (Chapter 1102) or a rule of the commission; (2)persons whose applications for licensing as professional inspectors, real estate inspectors or as apprentice inspectors have been initially denied by the commission on a ground relating to the applicant's honesty, trustworthiness and integrity; and (3)professional inspectors, real estate inspectors, or apprentice inspectors who have been convicted of a criminal offense listed in §541.1 of this title (relating to Criminal Offense Guidelines). (b)If the committee determines after a hearing that disciplinary action is warranted, the committee may recommend that the commission issue a reprimand, or suspend or revoke a license. The committee may recommend that an order of suspension or revocation be probated in whole or in part by the commission or that the probation be subject to reasonable terms and conditions in the manner contemplated by Texas Occupations Code, Chapter 1101, §1101.656. The committee may recommend that the commission enter a final order denying a license or that a probationary license be issued in the manner contemplated by §535.94 of this title (relating to Hearing on Application Disapproval; Probationary License). (c)Proceedings before the committee shall be conducted by the committee in the manner contemplated by §§535.31-533.39 of this title (relating to Practice and Procedure) and with the Government Code, Chapter 2001, et. seq.. The chairman of the committee or a member designated by the chairman shall act as presiding officer and may vote as any other member. (d)In addition to the grounds for disciplinary action provided in Chapter 1102, a license of an inspector may be suspended or revoked by the commission if the inspector: (1)fails to make good a check issued to the commission within 30 days after the commission had mailed a request for payment by certified mail to the inspector's last known business address as reflected by the commission's records; (2)fails or refuses on demand to produce a document, book or record in his possession concerning a real estate inspection conducted by him for examination by the commission or its authorized agent; or (3)fails within 10 days to provide information requested by the commission or its authorized agent in the course of an investigation of a complaint.
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-200405129 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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