The Texas Real Estate Commission (TREC) proposes amendments to §533.1, Definitions; §533.3, Filing and Notice; §533.4, Failure to Answer, Failure to Attend Hearing and Default; §533.8, Final Orders, Motions for Rehearing, and Emergency Orders; §533.20, Informal Proceedings; §533.31, Referral of Contested Matter for Alternative Dispute Resolution Procedures; and §533.34, Commencement of ADR.

The proposed amendment to §533.1 adds the definition of "last known mailing address" to the list of definitions. The proposed amendment to §533.3 clarifies that the Notice of Alleged Violation required by Texas Occupations Code §1101.703 will be mailed to the respondent's last known mailing address, corrects typographical errors, and makes conforming changes to the rule. The proposed amendment to §533.4 corrects typographical errors and makes conforming changes to the rule. The proposed amendment to §533.8 provides a procedure for motions for rehearing before the commission, and provides that a person appealing a decision of the commission is responsible for paying for the costs of preparation of an original or certified copy of the transcript of the proceedings required by a reviewing court. The proposed amendments to §533.20 and §533.31 make conforming changes. The proposed amendments to §533.34 delete the procedures for alternative dispute resolution of employment matters as those matters are provided for in the TREC employee handbook.

Loretta R. DeHay, General Counsel, has determined that for the first five-year period the proposed rules as amended are in effect there will be no fiscal implications for the state or for units of local government as a result of enforcing or administering the rules. There is no anticipated economic effect on small businesses, micro-businesses, persons, or local or state employment as a result of implementing the amendment.

Ms. DeHay also has determined that for each year of the first five years the amended sections as proposed are in effect the public benefit anticipated as a result of enforcing the sections will be clarification of the practice and procedure before the commission and the State Office of Administrative Hearings.

Comments on the proposal may be submitted to Loretta R. DeHay, General Counsel, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188. The deadline for comments is 30 days after publication in the Texas Register.

The amendments are proposed under Texas Occupations Code, §1101.151, which authorizes the Texas Real Estate Commission to make and enforce all rules and regulations necessary for the performance of its duties and to establish standards of conduct and ethics for its licensees in keeping with the purpose and intent of the Act to ensure compliance with the provisions of the Act.

The statutes affected by this proposal are Texas Occupations Code, Chapters 1101, 1102, 1303, and Texas Property Code, Chapter 221. No other statute, code or article is affected by the proposed amendments.