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(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 findings of fact and conclusions of law in the Notice of Alleged Violation, which shall be deemed admitted. (b)After receiving a notice proposing disapproval of an application an Applicant may request a hearing in writing within twenty days of receipt of the notice or forfeit the right to a hearing unless otherwise provided by applicable law. (c)The commission may delegate to the administrator the commission's authority to act under Texas Occupations Code §1101.704(b) and subsection (a) of this section. (d)1 TAC §155.501 and §155.503 (relating to Default Proceedings and Dismissal Proceedings) (SOAH rules) apply 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. If the judge issues an order dismissing the case from the SOAH docket or issues a default proposal for decision, the factual allegations against the Respondent filed at SOAH shall be deemed admitted and the commission shall enter a default order against the Respondent as set out in the Notice of Hearing sent to the Respondent. No additional proof is required to be submitted to the commission before the commission enters the final order.
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 November 9, 2012
TRD-201205800 Loretta R. DeHay
General Counsel
Texas Real Estate Commission
Effective date: November 29, 2012
Proposal publication date: September 7, 2012
For further information, please call: (512) 936-3092
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