The following words and terms, when used in this chapter, have
the following meanings, unless the context clearly indicates otherwise.
(1)ADR--Alternative dispute resolution.
[(2)Administrator--The Administrator
of the Texas Real Estate Commission.]
(2)[(3)] ADR Procedures--Alternatives
to judicial forums or administrative agency contested case proceedings
for the voluntary settlement of contested matters through the facilitation
of an impartial third-party.
(3)[(4)] APA--The Administrative
Procedure Act (Texas Government Code, Chapter 2001).
(4)[(5)] Applicant--Any person
seeking a license, certificate, registration, approval or permit from
the Commission.
(5)[(6)] Commission--The Texas
Real Estate Commission.
(6)[(7)] Complainant--Any person
who has filed a complaint with the Commission against any person whose
activities are subject to the jurisdiction of the Commission.
(7)[(8)] Contested case or proceeding--A
proceeding in which the legal rights, duties, or privileges of a party
are to be determined by the Commission and/or Administrator after
an opportunity for adjudicative hearing.
(8) Executive Director-The Executive
Director of the Texas Real Estate Commission.
(9)Mailing Address--The mailing address as provided
to the Commission by a license holder and maintained as required by
the Commission's rules or as provided to the Commission by an Applicant
or as shown in the Commission's records for a Respondent who is not
a license holder. The mailing address for a Respondent that holds
an active sales agent [salesperson] license
shall be the mailing address of the sales agent's [salesperson's
] sponsoring broker as shown in the Commission's records.
(10)License--The whole or part of any registration,
license, certificate, approval, permit, or similar form of permission
required or permitted by law issued by the Commission.
(11)Party--A person admitted to participate in a case
before the Commission or the Administrator.
(12)Person--Any individual, partnership, corporation,
or other legal entity, including a state agency or governmental subdivision.
(13)Pleading--A written document submitted by a party,
or a person seeking to participate in a case as a party, which requests
procedural or substantive relief, makes claims, alleges facts, makes
legal argument, or otherwise addresses matters involved in the case.
(14)Respondent--Any person, licensed or unlicensed,
who has been charged with violating a law that establishes a regulatory
program administered by the Commission or a rule or order issued by
the Commission.
(15)Sanctions--Any administrative penalty, disciplinary
or remedial action imposed by the Commission for violations of Texas
Occupations Code, Chapter 1101, 1102, or 1105 or the Rules adopted
by the Commission pursuant to those chapters.
(16)SOAH--State Office of Administrative Hearings.
(17)TAC--Texas Administrative Code.
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 August 20, 2015
TRD-201503253 Kerri Lewis
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: October 4, 2015
For further information, please call: (512) 936-3092
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