(a)The Commission will notify an applicant if the
application for license is denied. Any hearing on denial of a license
will be conducted in accordance with §1101.364 of the Act and
Chapter 533 of this title (relating to Practice and Procedure).
(b)If the Commission determines that issuance of a
probationary license is appropriate, the order entered by the Commission
with regard to the application must set forth the terms and conditions
for the probationary license. Terms for a probationary license may
include any of the following:
(1)that the probationary license holder comply with
the Act and with the rules of the Commission;
(2)that the probationary license holder fully cooperate
with the Commission in the investigation of any complaint filed against
the license holder;
(3)that the probationary license holder attend a prescribed
number of classroom hours in specific areas of study during the probationary
period;
(4)that the probationary license holder limit real
estate brokerage practice as prescribed in the order;
(5)that the probationary license holder report regularly
to the Commission on any matter which is the basis of the probationary
license holder;
(6)that the probationary license holder comply with
any other terms contained in the order which have been found to be
reasonable and appropriate by the Commission after consideration of
the circumstances involved in the particular application; or
(7)that the probationary license holder comply with
any other terms contained in an order from any other court or administrative
agency under which the probationary license holder is bound.
(c)Unless the order granting a probationary license
specifies otherwise, a probationary license holder may renew the license
after the probationary period by filing a renewal application, satisfying
applicable education requirements and paying the prescribed renewal
fee.
(d)If a license expires before the completion of a
probationary term and the license holder files a late renewal application
as authorized by §535.91 of this chapter (relating to Renewal
of a Real Estate License), any remaining probationary period shall
be reinstated effective as of the day following the renewal of the
previous license.
The agency certifies that legal counsel has reviewed
the adoption and found it to be a valid exercise of the agency's legal
authority.
Filed with the Office
of the
Secretary of State on May 22, 2023
TRD-202301867 Vanessa E. Burgess
General Counsel
Texas Real Estate Commission
Effective date: October 1, 2023
Proposal publication date: March 3, 2023
For further information, please call: (512) 936-3284
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