: Texas Register

Texas Register

TITLE 22	EXAMINING BOARDS
PART 23	TEXAS REAL ESTATE COMMISSION
CHAPTER 535	GENERAL PROVISIONS
SUBCHAPTER T	EASEMENT OR RIGHT-OF-WAY AGENTS
RULE §535.402	Complaints, Disciplinary Action and Appeals
ISSUE	06/09/2023
ACTION	Final/Adopted

Preamble

Texas Admin Code Rule

(a)The investigation of complaints and disciplinary action by the Commission against certificate holder will be conducted in accordance with the Act and §535.141 of this chapter (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 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 possession concerning an easement or right-of-way transaction involving the certificate holder 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 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 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-202301886

Vanessa E. Burgess

General Counsel

Texas Real Estate Commission

Effective date: June 11, 2023

Proposal publication date: March 3, 2023

For further information, please call: (512) 936-3284

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