(a)If, not later than the 30th day after the date
a Notice of Alleged Violation is sent, the respondent [Respondent
] fails to accept the Commission's determination and recommended
sanctions, or fails to make a written request for a hearing on the
determination, the Commission shall enter a default order against
the respondent [Respondent], incorporating the
findings of fact and conclusions of law in the Notice of Alleged Violation,
which shall be deemed admitted.
(b)The Commission may delegate to the Executive Director
the Commission's authority to act under Texas Occupations Code, §1101.704(b)
and subsection (a) of this section.
(c)SOAH rules relating to Default Proceedings and
Dismissal Proceedings apply when a respondent [Respondent
] or applicant [Applicant] fails to appear
on the day and time set for administrative hearing. In that case,
the Commission's staff may move either for dismissal of the case from
SOAH's docket or for the issuance of a default Proposal for Decision
by the administrative law judge. If the administrative law judge issues
an order dismissing the case from the SOAH docket or issues a default
Proposal for Decision, the factual allegations against the respondent
[Respondent] or applicant [Applicant]
filed at SOAH are admitted and the Commission shall enter a default
order against the respondent [Respondent] or applicant
[Applicant] as set out in the Notice of Hearing
sent to the respondent [Respondent] or applicant
[Applicant]. No additional proof is required to
be submitted to the Commission before the Commission enters the final
order.
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 February 22, 2022
TRD-202200638 Abby Lee
Deputy General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: April 10, 2022
For further information, please call: (512) 936-3057
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