: 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	12/28/2007
ACTION	Final/Adopted

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 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-200706257

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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