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(a)The commission may suspend or revoke a license or take other disciplinary action authorized by Chapter 1101 of the Act in addition to assessing the administrative penalties set forth in this section. (b)The administrative penalties set forth in this section take into consideration all of the criteria listed in §1101.702(b) of the Act. (c)An administrative penalty range of $100 - $1,500 per violation per day may be assessed for violations of the following sections of the Act and Rules: (1)§1101.552; (2)§1101.652(a)(8); (3)§1101.652(b)(23); (4)§1101.652(b)(29); (5)22 TAC §535.91(c); (6)22 TAC §535.144; and (7)22 TAC §535.154. (d)An administrative penalty range of $500 - $3,000 per violation per day may be assessed for violations of the following sections of the Act and Rules: (1)§1101.652(a) (4) - (7); (2)§1101.652(b)(1); (3)§1101.652(b)(7) - (8); (4)§1101.652(b)(12); (5)§1101.652(b)(14); (6)§1101.652(b)(22); (7)§1101.652(b)(28); (8)§1101.652(b)(30) - (31); and (9)§1101.654(a). (e)An administrative penalty range of $1,000 - $5,000 per violation per day may be assessed for violations of the following sections of the Act and Rules: (1)§1101.351; (2)§1101.366(d); (3)§1101.557(b); (4)§1101.558(b) - (c); (5)§1101.559(a), (c); (6)§1101.560; (7)§1101.561(b); (8)§1101.615; (9)§1101.651; (10)§1101.652(a)(2) - (3); (11)§1101.652(a)(9) - (10); (12)§1101.652(b)(2) - (6); (13)§1101.652(b)(9) - (11); (14)§1101.652(b)(13); (15)§1101.652(b)(15) - (21); (16)§1101.652(b)(24) - (27); (17)§1101.652(b)(32) - (33); (18)22 TAC §§535.145 - 535.148; (19)22 TAC §535.156; and (20)22 TAC §§535.159 - 535.160. (f)The commission may assess an additional administrative penalty of up to two times that assessed under subsections (c), (d) and (e) of this section if a person 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 6, 2010
TRD-201006921 Loretta R. DeHay
General Counsel
Texas Real Estate Commission
Effective date: January 1, 2011
Proposal publication date: September 10, 2010
For further information, please call: (512) 465-3926
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