(a)The investigation of complaints and disciplinary
action by the Commission against certificate holder [registrant
] will be conducted in accordance with the Act and §535.141
of this chapter [title] (relating to Initiation
of Investigation; Order Requirements). In addition to the grounds
for revoking or suspending a registration listed in the Act, the Commission
may revoke or suspend the registration of a certificate holder [
registrant] on the following grounds:
(1)procuring or attempting to procure a registration
by fraud, misrepresentation or deceit, or by making a material misstatement
of fact in an application;
(2)failing or refusing on demand to produce a document,
book, or record in the certificate holder’s [registrant’s
] possession concerning an easement or right-of-way transaction
involving the certificate holder [registrant]
for examination by the Commission or its authorized agent; and
(3)failing to provide information requested by the
Commission or its authorized agent in the course of an
investigation of a complaint by the 14th day after the date of the
request.
(b)Appeals from disciplinary orders against a certificate
holder [registrant] are governed by §1101.658
of the Act and by Chapter 533 of this title (relating to Practice
and Procedure).
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 15, 2023
TRD-202300751 Vanessa E. Burgess
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: April 2, 2023
For further information, please call: (512) 936-3284
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