Broker Kim receives a letter from TREC notifying her that she is under investigation for a potential TRELA violation. The letter requests that she provide certain transaction records within 10 business days. Under TREC's powers, what happens if Broker Kim refuses to provide the requested records?
Correct Answer
A) TREC may issue a subpoena to compel production of the records and may seek court enforcement if necessary
Under Texas Occupations Code §1101.204, TREC has subpoena power to compel the production of documents, records, and testimony relevant to an investigation. If a license holder refuses to comply, TREC may seek enforcement through a Travis County district court.
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- → Under TREC rules, a trust account used by a Texas real estate broker to hold client funds must be maintained at which type of institution?
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- → During a TREC investigation, a license holder repeatedly fails to respond to TREC's written requests for information within the required timeframes. Under TREC rules, what is the consequence of this non-response?
- → Under TREC rules, what is the primary purpose of the Real Estate Recovery Trust Account?
- → Under TRELA, a license holder who has been convicted of a felony or certain misdemeanors may be subject to disciplinary action. Which of the following is an accurate statement about this provision?
- → Under TREC rules, how many hours of continuing education (CE) must a Texas real estate license holder complete during each 2-year renewal cycle?
- → 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?
- → Broker Phillips has been renewing her license every 2 years for 10 years. She wonders whether the Broker Responsibility Course content changes each renewal cycle. Under TREC rules, which statement is correct?
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Previous Question
TREC is considering adopting a new rule that would significantly change how trust accounts are managed. The proposed rule is published in the Texas Register with a 30-day comment period. Several brokers submit comments opposing the rule. Under Texas law, which of the following is accurate regarding TREC's obligation?
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Under the Texas Administrative Procedure Act, what is the legally required step for a TREC rule to take effect?