Texas Register
TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 533PRACTICE AND PROCEDURE
RULE §533.4Failure to Answer; Failure to Attend Hearing and Default
ISSUE 06/11/2010
ACTION Proposed
Preamble Texas Admin Code Rule
(a)If, within twenty days after receiving a Notice of Alleged Violation, the Respondent fails to accept the commission's determination and recommended administrative penalty and/or sanction, or fails to make a written request for a hearing on the determination, the commission shall enter a default order against the Respondent, incorporating the [containing] findings of fact and conclusions of law in the Notice of Alleged Violation.

(b) - (c)(No change.)

(d)1 TAC §155.501 and §155.503 (relating to Default Proceedings and Dismissal Proceedings) [§155.55 ] (SOAH rules) apply [applies] where a Respondent fails to appear on the day and time set for administrative hearing. In that case, the commission's staff may move either for dismissal of the case from SOAH's docket or for the issuance of a default proposal for decision by the judge.

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 May 24, 2010

TRD-201002836

Loretta R. DeHay

General Counsel

Texas Real Estate Commission

Earliest possible date of adoption: July 11, 2010

For further information, please call: (512) 465-3926

 

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