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(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. (d)Not later than the 20th day after the date on which the Notice of Alleged Violation is sent, the Respondent may: (1)accept the determination of the Commission, including sanctions recommended by the Commission; 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. (i)If a real estate salesperson is a Respondent, the Commission will notify the salesperson's sponsoring broker of the hearing. If an apprentice inspector or real estate inspector is a Respondent, the Commission will notify the sponsoring professional inspector of the hearing. Notice under this subsection need not be provided by certified or registered mail. (j)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 adoption and found it to be a valid exercise of the agency's legal
authority.
Filed with the Office
of the Secretary of State on August 19, 2014
TRD-201403943 Kerri Lewis
General Counsel
Texas Real Estate Commission
Effective date: September 8, 2014
Proposal publication date: May 16, 2014
For further information, please call: (512) 936-3092
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