A Texas consumer files a formal complaint with TREC against a license holder for alleged misrepresentation. Which statement BEST describes TREC's authority in resolving this complaint?
Correct Answer
C) TREC may investigate, refer contested hearings to SOAH, and retain final authority to impose disciplinary action including fines up to $5,000 per violation per day, suspension, or revocation
Under Texas Occupations Code §1101.351 and §1101.652, TREC has broad disciplinary authority including the power to suspend, revoke, reprimand, or place a license on probation, and may impose administrative penalties up to $5,000 per violation per day under §1101.701. For contested cases, TREC refers hearings to the State Office of Administrative Hearings (SOAH) under the Administrative Procedure Act, but TREC retains final authority to accept, modify, or reject SOAH's proposal for decision and issue the final disciplinary order.
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- → Broker Henderson is approaching his license renewal deadline. He wants to take a CE course that covers changes to the TREC promulgated contract forms. Under TREC rules, would this type of course satisfy part of his CE requirement?
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Governor Martinez is appointing a new member to the Texas Real Estate Commission. One candidate is a licensed broker with 3 years of experience. Under TREC's statutory requirements, is this candidate eligible for one of the industry seats?
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Broker Thompson believes that a newly proposed TREC rule regarding advertising requirements is too restrictive. Under the Texas Administrative Procedure Act, what right does Broker Thompson have before the rule takes effect?