A sales agent receives a TREC complaint notice and wants legal counsel to assist during the investigation phase, before any formal hearing is scheduled. At which stages of the TREC disciplinary process may a license holder be represented by an attorney?
Correct Answer
C) At any stage of the process, including the investigation, informal conference, and formal hearing
Under the Texas Administrative Procedure Act (Gov't Code Ch. 2001) and constitutional due process principles, a license holder has the right to be represented by an attorney at every stage of the TREC disciplinary process — including during the initial investigation, any informal settlement conference, and any formal hearing before SOAH. There is no stage at which TREC prohibits or restricts attorney representation.
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