(a)Unless otherwise authorized under subsection (f) of this section, a final order in a contested case shall be in writing and shall be signed by the presiding officer of the commission. Final orders shall include findings of fact and conclusions of law separately stated from disciplinary actions imposed and administrative penalties assessed. (b)If the commission modifies, amends, or changes a finding of fact or conclusion of law in a proposal for decision, the order shall reflect the commission's [commissions ] changes as stated in the record of the meeting and state the specific reason and legal basis for the changes made according to §533.7(c) of this chapter (relating to Proposals for Decision). If the commission does not follow the recommended disciplinary action and/or administrative penalty in a proposal for decision, the order shall explain why the commission chose not to follow the recommendation as stated in the record of the meeting. (c) - (e)(No change.) (f)A motion for rehearing shall set forth the particular finding of fact, conclusion of law, ruling, or other action which the complaining party asserts caused substantial injustice to the party and was in error such as violation of a constitutional or statutory provision, lack of authority, unlawful procedure, lack of substantial evidence, abuse of discretion, other error of law, or other good cause specifically described in the motion [was error]. In the absence of specific grounds in the motion, the commission shall presume that the motion should be overruled. (g)The chairperson or the member designated by the chairperson to preside (the presiding member) shall announce the case. Upon the request of any party, the presiding member may conduct a prehearing conference with the parties and their attorneys of record. The presiding member may announce reasonable time limits for any oral arguments to be presented by the parties. The hearing on the motion shall be limited to a consideration of the grounds set forth in the motion. Testimony by affidavit or documentary evidence such as excerpts of the record before the presiding officer may be offered in support of, or in opposition to, the motion; provided, however, a party offering affidavit testimony or documentary evidence must provide the other party with copies of the affidavits or documents at the time the motion is filed. New evidence may not be presented on the substance of the case unless the party submitting the evidenced can establish that the new evidence was not reasonably available at the time of the original hearing or the party offering the evidence was misled by a party regarding the necessity for offering the evidence at the original hearing. (h) - (n)(No change.)
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 August 20, 2012
TRD-201204414 Loretta R. DeHay
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: October 7, 2012
For further information, please call: (512) 936-3092
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