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(a)The commission shall provide notice to all parties in accordance with the APA §2001.052, Chapters 1101 and 1102, Texas Occupations Code, and the following: (1)If, after investigation of a possible violation and the facts surrounding that possible violation, the commission determines that a violation has occurred, the commission shall issue a written Notice of Alleged Violation. (2)The Notice of Alleged Violation shall include: (A)a brief summary of the alleged violation(s); (B)a statement of the amount of the penalty and/or sanction recommended; and (C)a statement of the right of the Respondent to a hearing. (3)The commission shall base the recommendation on the factors set forth in this chapter. (b)Not later than the 20th day after the date on which the notice is received, the Respondent may accept the determination of the commission, including the recommended penalty and/or sanction, or make a written request for a hearing on that determination. (c)Upon receipt of a written request for hearing, the commission shall submit a Request for Docket Case form to SOAH accompanied by legible copies of all pertinent documents, including but not limited to the Notice of Hearing or other document describing the agency action giving rise to a contested case. In accordance with 1 TAC §155.9, the commission shall request one or more of the following actions on the Request to Docket Case form: (1)Setting of hearing; (2)Assignment of an administrative law judge; and/or (3)Setting of alternative dispute resolution proceeding, including but not limited to mediated settlement conference, mediation, or arbitration. (d)The original of all pleadings and other documents requesting action or relief in a contested case, shall be filed with SOAH once it acquires jurisdiction. Pleadings, other documents, and service to SOAH shall be directed to: Docketing Division, State Office of Administrative Hearings, 300 West 15th Street, Room 504, P.O. Box 13025, Austin, Texas 78711-3025. The time and date of filing shall be determined by the file stamp affixed by SOAH. Unless otherwise ordered by the judge, only the original and no additional copies of any pleading or document shall be filed. Unless otherwise provided by law, after a proposal for decision has been issued, originals of documents requesting relief, such as exceptions to the proposal for decision or requests to reopen the hearing, shall be filed with the commission's administrator and/or commission as well as the commission's Enforcement Division, P.O. Box 12188, Austin, Texas 78711; 1101 Camino La Costa, Austin Texas; or by facsimile mail at (512) 465-3962 if the documents contain 20 or fewer pages including exhibits. Filings may be made until 5:00 p.m. on business days. Copies shall be filed with SOAH. (e)If a real estate salesperson is a respondent, the commission also will notify the salesperson's sponsoring broker of the hearing. If an apprentice inspector or real estate inspector is a respondent, the commission also will notify the sponsoring professional inspector of the hearing. (f)Any document served upon a party is prima facie evidence of receipt if it is directed to the party's last known complete, correct address as shown by the commission's records. This presumption is rebuttable. Failure to claim properly addressed certified or registered mail will not support a finding of nondelivery.
This agency hereby certifies that the proposal 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 October 15, 2007
TRD-200704881 Loretta R. DeHay
General Counsel and Assistant Administrator
Texas Real Estate Commission
Earliest possible date of adoption: November 25, 2007
For further information, please call: (512) 465-3900
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