(a) - (c)(No change.) (d)The designated broker [designated by a licensed business entity to act as its officer, manager or partner] is responsible for all real estate brokerage activities performed by, on behalf of, or through a [the] business entity. A complaint which names a business entity licensed as a broker as the subject of the complaint but which does not specifically name the designated broker [designated as the officer, manager or partner of the business entity,] is a complaint against the designated broker [acting as the designated officer, manager or partner] at the time of any alleged violation for the limited purposes of determining the designated broker's involvement in any alleged violation and whether the designated broker fulfilled his or her professional responsibilities. A complaint which names a salesperson sponsored by a licensed business entity but which does not specifically name the designated broker of the business entity is a complaint against the designated broker at the time of any alleged violation by the salesperson for the limited purposes of determining the designated broker's involvement in any alleged violation and whether the designated broker fulfilled his or her professional responsibilities provided the complaint concerns the conduct of the salesperson as an agent of the business entity. (e) - (h)(No change.) (i)A person whose license is subject to an order suspending the license must prior to the suspension taking effect: (1)(No change.) (2)if the person is a broker, notify in writing any salespersons he or she sponsors, or any business entity [ corporation, limited liability company or partnership] for which the person is designated broker [as an officer, manager or partner] that: (A)(No change.) (B)once the suspension is effective any salesperson he or she sponsors or who is sponsored by the business entity [ corporation, limited liability company or partnership] will not be authorized to engage in real estate brokerage unless the salespersons associate with another broker and file a change of sponsorship with the commission or the business entity designates a new broker and files a change of designated broker [officer, manager or partner] with the commission; (3) - (7)(No change.) (j) - (k)(No change.)
This
agency hereby certifies that the emergency adoption
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 August 5, 2011
TRD-201102997 Loretta R. DeHay
General Counsel
Texas Real Estate Commission
Effective date: September 1, 2011
Expiration date: December 29, 2011
For further information, please call: (512) 936-3092
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