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Broker Patel receives a formal complaint from TREC alleging that she failed to supervise a sponsored sales agent. TREC offers Patel an agreed order with specific terms including a fine and additional continuing education. Under TREC's enforcement procedures, what is Patel's option?

Correct Answer

C) Patel may reject the agreed order, in which case the matter may proceed to a contested hearing at the State Office of Administrative Hearings

Under TREC's enforcement procedures, an agreed order is a voluntary settlement between TREC and the license holder. If the license holder rejects the proposed terms, the matter may proceed to a formal contested case hearing at the State Office of Administrative Hearings (SOAH) under the Texas Administrative Procedure Act.

Answer Options
A
Patel must accept the agreed order because TREC's enforcement decisions are final and cannot be contested
B
Patel may reject the agreed order and file a direct appeal to the Texas Supreme Court within 30 days
C
Patel may reject the agreed order, in which case the matter may proceed to a contested hearing at the State Office of Administrative Hearings
D
Patel must accept the agreed order but may negotiate the fine amount down by up to 50% through a formal mediation process

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Related Topics & Key Terms

Key Terms:

agreed_ordercontested_casesoahenforcementbroker_supervision
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