(a)If, not later than the 20th day [within twenty days] after receiving a Notice of Alleged Violation, the Respondent fails to accept the Commission's [commission's ] determination and recommended sanctions [administrative penalty and/or sanction], or fails to make a written request for a hearing on the determination, the Commission [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)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. [(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.] (c)[(d)] SOAH rules [ 1 TAC §155.501 and §155.503 (]relating to Default Proceedings and Dismissal Proceedings[) (SOAH rules)] apply when [where] a Respondent or Applicant fails to appear on the day and time set for administrative hearing. In that case, the Commission's [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 [proposal for decision] by the administrative law judge. If the administrative law judge issues an order dismissing the case from the SOAH docket or issues a default Proposal for Decision [proposal for decision], the factual allegations against the Respondent or Applicant filed at SOAH are [ shall be deemed] admitted and the Commission [commission ] shall enter a default order against the Respondent or Applicant as set out in the Notice of Hearing sent to the Respondent or Applicant. No additional proof is required to be submitted to the Commission [commission] before the Commission [commission] enters the final order.
The agency certifies that legal counsel has reviewed
the proposal
and found it to be within the state agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on February 24, 2014
TRD-201400859 Kerri Lewis
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: April 6, 2014
For further information, please call: (512) 936-3604
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