A license holder is found to have committed a violation of TRELA. TREC decides to impose an administrative penalty. The license holder disagrees with the penalty and wants to contest it. Under Texas law, what administrative process must be followed for the contested case?
Correct Answer
A) The contested case is referred to the State Office of Administrative Hearings (SOAH), where an ALJ conducts the hearing and makes a proposal for decision that TREC then considers
Under the Texas Administrative Procedure Act (Government Code Chapter 2001) and TREC's enabling statute, contested cases involving license holders are referred to the State Office of Administrative Hearings (SOAH). An administrative law judge (ALJ) at SOAH conducts the hearing and issues a proposal for decision. TREC then considers the ALJ's proposal and makes the final order.
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Previous Question
TREC members serve staggered terms. Under Texas law, each TREC commissioner is appointed for a term of how many years?
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A person who has never held a Texas real estate license is found to be conducting real estate brokerage activities in Dallas — showing homes, negotiating offers, and collecting referral fees. Under TRELA, what enforcement action can TREC take against this unlicensed individual?
