(a)(No change.)
(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 Commission
shall provide notice in accordance with the APA. [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.]
(c)[(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.]
(d)[(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.
(e)[(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.
(f)[(h)] Pleadings, other documents,
and service to SOAH shall be filed in accordance with SOAH's rules.
(g)[(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.
(h)[(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 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 18, 2015
TRD-201503208 Kerri Lewis
General Counsel
Texas Real Estate Commission
Effective date: September 1, 2015
Expiration date: December 29, 2015
For further information, please call: (512) 936-3092
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