The Texas Real Estate Commission (TREC) adopts amendments to 22 TAC §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. Sections 533.1, 533.3, 533.4, 533.8, 533.31 and 533.34 are adopted without changes to the proposed text as published in the June 11, 2010, issue of the Texas Register (35 TexReg 4848) and will not be republished. Section 533.20 is adopted with changes and will be republished.

The amendment to §533.1 adds the definition of "last known mailing address" to the list of definitions. The 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 amendment to §533.4 corrects typographical errors and makes conforming changes to the rule. The 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 amendments to §533.20 and §533.31 make conforming changes. The 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.

The reasoned justification for the amendments is clarification of the practice and procedure before the commission and the State Office of Administrative Hearings.

No comments were received on the amendments to the rules as proposed.

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