Tex.
Prop. Code Section 221.024
Powers of Commission
(a)
The commission may prescribe and publish forms and adopt rules necessary to carry out the provisions of this chapter and may suspend or revoke the registration of any developer, place on probation the registration of a developer that has been suspended or revoked, reprimand a developer, impose an administrative penalty of not more than $10,000, or take any other disciplinary action authorized by this chapter if, after notice and hearing, the commission determines that a developer has materially violated this chapter, the Deceptive Trade Practices-Consumer Protection Act (Subchapter E (Short Title), Chapter 17 (Deceptive Trade Practices), Business & Commerce Code), or the Contest and Gift Giveaway Act (Chapter 621 (Contests and Gift Giveaways), Business & Commerce Code).(b)
The commission:(1)
shall authorize the State Office of Administrative Hearings to conduct hearings in contested cases; and(2)
may establish reasonable fees for forms and documents it provides to the public and for the filing or registration of documents required by this chapter.(c)
If the commission initiates a disciplinary proceeding under this chapter, the person is entitled to a hearing before the State Office of Administrative Hearings. The commission by rule shall adopt procedures to permit an appeal to the commission from a determination made by the State Office of Administrative Hearings in a disciplinary action.(d)
The commission shall set the time and place of the hearing.(e)
A disciplinary procedure under this chapter is governed by the contested case procedures of Chapter 2001 (Administrative Procedure), Government Code.(f)
The commission may file a suit in a district court of Travis County to prevent a violation of this chapter or for any other appropriate relief.(g)
Judicial review of a commission order imposing an administrative penalty is:(1)
instituted by filing a petition as provided by Subchapter G (Judicial Review), Chapter 2001 (Administrative Procedure), Government Code; and(2)
by trial de novo.
Source:
Section 221.024 — Powers of Commission, https://statutes.capitol.texas.gov/Docs/PR/htm/PR.221.htm#221.024 (accessed Apr. 29, 2024).
