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(a)Proposals for decision shall be brought before the commission for final decision. The commission shall render the final decision in a contested case and is responsible for imposing disciplinary action and/or assessing administrative penalties against Respondents who are found to have violated any of the commission's laws or rules. The commission welcomes recommendations of administrative law judges as to the sanctions to be imposed, but the commission is not required to give presumptively binding effect to the judges' recommendations and is not bound by such recommendations. (b)The proposal for decision may be acted on by the commission after the expiration of 10 days after the filing of replies to exceptions to the proposal for decision or upon the day following the day exceptions or replies to exceptions are due if no such exceptions or replies are filed. (c)It is the policy of the commission to change a finding of fact or conclusion of law in a proposal for decision of a judge when, the commission determines: (1)that the judge did not properly apply or interpret applicable law, agency rules, written policies provided by staff or prior administrative decisions; (2)that a prior administrative decision on which the judge relied is incorrect or should be changed; or (3)that a technical error in a finding of fact should be changed.
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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