: Texas Register

Texas Register

TITLE 22	EXAMINING BOARDS
PART 23	TEXAS REAL ESTATE COMMISSION
CHAPTER 539	PROVISIONS OF THE RESIDENTIAL SERVICE COMPANY ACT
SUBCHAPTER O	ADMINISTRATIVE PENALTIES
RULE §539.140	Schedule of Administrative Penalties
ISSUE	12/28/2007
ACTION	Final/Adopted

Preamble

No Rule Available

(a)The administrative penalties set forth in this section take into consideration all of the criteria listed in §1303.355(c) of the Texas Occupations Code.

(b)An administrative penalty range of $100 - $1,500 per violation per day may be assessed for violations of the following sections of the Texas Occupations and Administrative Codes:

(1)22 TAC §539.137(b);

(2)§1303.202(a);

(3)§1303.202(b);

(4)§1303.052; and

(5)§1303.352(a)(1).

(c)An administrative penalty range of $500 - $5,000 per violation per day may be assessed for the following violations of the Texas Occupations and Administrative Codes:

(1)§1303.101;

(2)§1303.151;

(3)22 TAC §539.81;

(4)§1303.153;

(5)§1303.352(a)(2);

(6)§1303.352(a)(3); and

(7)§1303.352(a)(6).

(d)The commission may assess an additional administrative penalty of up to two times that assessed under subsections (b) and (c) of this section if the residential service company has a history of previous violations.

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 December 10, 2007

TRD-200706268

Loretta R. DeHay

Assistant Administrator and General Counsel

Texas Real Estate Commission

Effective date: December 30, 2007

Proposal publication date: October 26, 2007

For further information, please call: (512) 465-3900

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