Texas Register
TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 533PRACTICE AND PROCEDURE
SUBCHAPTER BGENERAL PROVISIONS RELATING TO PRACTICE AND PROCEDURE
RULE §533.7Final Decisions and Orders
ISSUE 09/04/2015
ACTION Proposed
Preamble Texas Admin Code Rule
(a) - (f)(No change.)

(g)Final orders on contested cases shall be in writing and signed by the presiding officer of the Commission. Final orders shall include findings of fact and conclusions of law separately stated from disciplinary actions imposed and administrative penalties assessed. Parties will be notified [either personally or by mail of any decision] and [will be] given a copy of the decision as provided by the APA. A decision is final as provided by the APA. [A party notified by mail of a final decision or order is presumed to have been notified on the third day after the date on which the notice is mailed.]

 (h)If the Commission or the Executive Director [ Administrator] finds [find] that an imminent peril to the public health, safety, or welfare requires immediate effect of a final decision or order, that finding shall be recited in the decision or order as well as the fact that the decision or order is final and effective on the date signed. The decision or order is then final and appealable on the date signed and a motion for rehearing is not required as a prerequisite for appeal.

(i)(No change.)

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-201503254

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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