[(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 offence listed in §541.1 of this title (relating to Criminal Offense Guidelines).] [(b)lf 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 §535.91 of this title (relating to Hearing on Application Disapproval; Probationary License).] (a) [(c)] Proceedings [before the committee] shall be conducted [by the committee] in the manner contemplated by §§533.1 - 533.8, 533.20, 533.30 - 533.37 and 533.40 [§§535.31 - 533.39] of this title (relating to Practice and Procedure) and with the Texas 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.] (b) [(d)] In addition to the grounds for disciplinary action provided in Texas Occupations Code, Chapter 1102 (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 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;[.] (4)fails to maintain professional liability insurance coverage or any other insurance that provides coverage for violations of Subchapter G of Chapter 1102 during the period a license is active; or (5)fails to notify the commission within 10 days of the cancellation or non-renewal of professional liability insurance coverage, or any other insurance that provides coverage for violations of Subchapter G of Chapter 1102.
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-200704873 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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