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Texas Register Preamble


The Texas Real Estate Commission (TREC) adopts new rules to Chapter 533, concerning Practice and Procedure, as follows: §533.1, concerning definitions of terms found in the chapter; §533.2, concerning the purpose and scope of the chapter; §533.3, concerning filing and notice procedures in a contested case; §533.4, concerning failure to answer, failure to attend a hearing, and default; §533.5, concerning the adjudicative hearing record; §533.6, concerning filing of exceptions and replies; §533.7, concerning proposals for decision; §533.8, concerning final order, motions for rehearing, and emergency orders; §533.20, concerning informal proceedings; §533.30, concerning alternative dispute resolution (ADR); §533.31, concerning referral of contested matters for ADR procedures; §533.32, concerning appointment of a mediator; §533.33, concerning qualifications of mediators; §533.34, concerning commencement of ADR; §533.35, concerning stipulations; §533.36, concerning agreement; §533.37, concerning confidentiality; and §533.40, concerning negotiated rulemaking. The new rules are adopted without changes to the proposed text as published in the October 26, 2007, issue of the Texas Register (32 TexReg 7644) and will not be republished.

The TREC received no comments during the notice and comment period regarding adoption of the rules.

The reasoned justification for the adoption of the new rules is the implementation of legislation enacted during the 80th Legislative Session which transferred the functions of the TREC administrative law judge to the State Office of Administrative Hearings and which provided for a negotiated rulemaking process. Senate Bill 914 and House Bill 1530, each of which became effective September 1, 2007, included revisions to the Texas Occupations Code, Chapters 1101, 1102, and 1303.

The new rules are adopted under Texas Occupations Code, §1101.151, which authorizes TREC to adopt and to enforce rules necessary to administer Chapters 1101 and 1102 and §1303.051(a), which authorizes TREC to adopt and enforce rules necessary to administer Chapter 1303.

The statutes affected by this adoption are Texas Occupations Code, Chapters 1101, 1102, and 1303. No other statute, code, or article is affected by the adopted rules.



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