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(a)Unless otherwise authorized under §533.13(f) of this chapter, a final order in a contested case shall be in writing and shall be signed by the presiding officer of the commission. Final orders shall include findings of fact and conclusions of law separately stated. (b)If the commission modifies, amends, or changes a proposal for decision, the order shall reflect the commissions changes as stated in the record of the meeting and state the specific reason and legal basis for the changes made according to §533.7(c) of this chapter. (c)A party notified by mail of a final decision or order shall be presumed to have been notified on the third day after the date on which the notice is mailed. (d)The timely filing of a motion for rehearing is a prerequisite to appeal. (e)Motions for rehearing are controlled by Texas Government Code §2001.145 and §2001.146. (f)If the commission and/or the administrator find that an imminent peril to the public health, safety, or welfare requires immediate effect of a final decision or order, that finding shall be recited in the decision or order as well as the fact that the decision or order is final and effective on the date signed, in which event the decision or order is final and appealable on the date signed and no motion for rehearing is required as a prerequisite for appeal. (g)A petition for judicial review must be filed in a District Court of Travis County Texas within 30 days after the order is final and appealable, as provided by Government Code, Title 10, Subtitle A, Chapter 2001. A party filing a petition for judicial review must also comply with the requirements of Occupations Code, §1101.707. (h)If, after judicial review, the penalty is reduced or not assessed, the administrator shall remit to the person charged the appropriate amount, plus accrued interest if the penalty has been paid, or shall execute a release of the bond if a supersedeas bond has been posted. The accrued interest on amounts remitted by the administrator under this subsection shall be paid at a rate equal to the rate charged on loans to depository institutions by the New York Federal Reserve Bank, and shall be paid for the period beginning on the date that the assessed penalty is paid to the commission and ending on the date the penalty is remitted.
This agency hereby certifies that the emergency adoption
has been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on August 13, 2007
TRD-200703569 Loretta DeHay
Interim Administrator and General Counsel
Texas Real Estate Commission
Effective Date: September 1, 2007
Expiration Date: December 29, 2007
For further information, please call: (512) 465-3900
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