: Texas Register

Texas Register

TITLE 22	EXAMINING BOARDS
PART 23	TEXAS REAL ESTATE COMMISSION
CHAPTER 533	PRACTICE AND PROCEDURE
RULE §533.7	Proposals for Decision
ISSUE	10/26/2007
ACTION	Proposed

Preamble

Texas Admin Code Rule

(a)Proposed decisions shall be brought before the commission for final decision.

(b)The proposal for decision may be acted on by the commission after the expiration of 10 days after the filing of replies to exceptions to the proposal for decision or upon the day following the day exceptions or replies to exceptions are due if no such exceptions or replies are filed.

(c)It is the policy of the commission to change a finding of fact or conclusion of law in a proposal for decision or to vacate or modify the proposed order of a judge when, the commission determines:

(1)that the judge did not properly apply or interpret applicable law, agency rules, written policies provided by staff or prior administrative decisions;

(2)that a prior administrative decision on which the judge relied is incorrect or should be changed; or

(3)that a technical error in a finding of fact should be changed.

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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