(a)If the Commission denies an application for a license, the Commission shall send the applicant written notice of the denial. An applicant may accept the denial or make a written request for a hearing on that denial. If an applicant fails to request a hearing in writing not later than the 20th day after the date the notice denying an application is sent, the Commission's denial is final. (b)If after investigation of a possible violation and the facts surrounding that possible violation the Commission determines that a violation has occurred, the Commission may issue a written Notice of Alleged Violation to the Respondent. The Notice must: (1)be delivered by personal service, or be sent to the Respondent's mailing address by certified or registered mail; and (2)include: (A)a brief summary of each alleged violation; (B)a statement of the sanctions recommended; (C)a statement of the right of the Respondent to a hearing; and (D)a notice that failure to answer will result in a default order against Respondent. (c)The Notice may also be sent by email or other means, which may serve as evidence of actual notice. [(a)The commission shall provide notice to all parties in accordance with the APA §2001.052, Chapters 1101 and 1102, Texas Occupations Code, and the following:] [(1)If, after investigation of a possible violation and the facts surrounding that possible violation, the commission determines that a violation has occurred, the commission may issue a written Notice of Alleged Violation.] [(2)The Notice of Alleged Violation shall be sent to the Respondent's mailing address by certified or registered mail.] [(3)The Notice of Alleged Violation shall include:] [(A)a brief summary of the alleged violation(s);] [(B)a statement of the amount of the penalty and/or sanction recommended; and] [(C)a statement of the right of the Respondent to a hearing.] [(4)The commission shall base the recommendation on the factors set forth in this chapter.] (d)[(b)] Not later than the 20th day after the date on which the Notice of Alleged Violation [ notice] is sent [received], the Respondent may: (1)accept the determination of the Commission [commission], including sanctions recommended by the Commission; [the recommended penalty and/or sanction,] or (2)make a written request for a hearing on that determination. (e)The Commission shall provide notice in accordance with the APA and Texas Occupations Code, Chapters 1101 and 1102. (f)Upon receipt of a written request for hearing, the Commission shall submit a request to docket case to SOAH accompanied by copies of relevant documents giving rise to a contested case. (g)When the Commission submits a request to docket case with SOAH, SOAH acquires jurisdiction over a contested case until SOAH issues final amendments or corrections to the Proposal for Decision. In case of a conflict with the Commission's rules, SOAH's rules control while SOAH has jurisdiction. (h)Pleadings, other documents, and service to SOAH shall be filed in accordance with SOAH's rules. [(c)Upon receipt of a written request for hearing, the commission shall submit a Request for Docket Case form to SOAH accompanied by legible copies of all pertinent documents, including but not limited to the Notice of Hearing or other document describing the agency action giving rise to a contested case. In accordance with 1 TAC §155.53 (relating to Request to Docket Case), the commission shall request one or more of the following actions on the Request to Docket Case form:] [(1)Setting of hearing;] [(2)Assignment of an administrative law judge; and/or] [(3)Setting of alternative dispute resolution proceeding, including but not limited to mediated settlement conference, mediation, or arbitration.] [(d)The original of all pleadings and other documents requesting action or relief in a contested case, shall be filed with SOAH once it acquires jurisdiction. Pleadings, other documents, and service to SOAH shall be directed to: Docketing Division, State Office of Administrative Hearings, 300 West 15th Street, Room 504, P.O. Box 13025, Austin, Texas 78711-3025. The time and date of filing shall be determined by the file stamp affixed by SOAH. Unless otherwise ordered by the judge, only the original and no additional copies of any pleading or document shall be filed. Unless otherwise provided by law, after a proposal for decision has been issued, originals of documents requesting relief, such as exceptions to the proposal for decision or requests to reopen the hearing, shall be filed with the commission's administrator and/or commission as well as the commission's Standards and Enforcement Services Division, P.O. Box 12188, Austin, Texas 78711; or by facsimile at (512) 936-3809. Filings may be made until 5:00 p.m. on business days. Copies shall be filed with SOAH.] (i)[(e)] If a real estate salesperson is a Respondent, the Commission [commission also] will notify the salesperson's sponsoring broker of the hearing. [Such notice need not be provided by certified or registered mail.] If an apprentice inspector or real estate inspector is a Respondent, the Commission [commission also] will notify the sponsoring professional inspector of the hearing. Notice under this subsection need not be provided by certified or registered mail. (j)[(f)] Any document served upon a party is prima facie evidence of receipt, if it is directed to the party's mailing address or email address. This presumption is rebuttable. Failure to claim properly addressed certified or registered mail will not support a finding of nondelivery.
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 May 2, 2014
TRD-201402099 Kerri Lewis
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: June 15, 2014
For further information, please call: (512) 936-3092
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