(a)The commission shall provide notice to all parties in accordance with the APA §2001.052, Chapters 1101 and 1102, Texas Occupations Code, and the following: (1)If, after investigation of a possible violation and the facts surrounding that possible violation, the commission determines that a violation has occurred, the commission may issue a written Notice of Alleged Violation. (2)The Notice of Alleged Violation shall be sent to the Respondent's [last known] mailing address by certified or registered mail. (3)The Notice of Alleged Violation shall include: (A)a brief summary of the alleged violation(s); (B)a statement of the amount of the penalty and/or sanction recommended; and (C)a statement of the right of the Respondent to a hearing. (4)The commission shall base the recommendation on the factors set forth in this chapter. (b) - (d)(No change.) (e)If a real estate salesperson is a Respondent [ respondent], the commission also will notify the salesperson's sponsoring broker of the hearing. Such notice need not be provided by certified or registered mail. If an apprentice inspector or real estate inspector is a respondent, the commission also will notify the sponsoring professional inspector of the hearing. (f)Any document served upon a party is prima facie evidence of receipt if it is directed to the party's [last known] mailing address. This presumption is rebuttable. Failure to claim properly addressed certified or registered mail will not support a finding of nondelivery.
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 February 17, 2011
TRD-201100651 Loretta R. DeHay
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: April 3, 2011
For further information, please call: (512) 465-3926
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