Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 533 - PRACTICE AND PROCEDURE › Subchapter B - GENERAL PROVISIONS RELATING TO PRACTICE AND PROCEDURE › Section 533.7 - Final Decisions and Orders

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  After a Proposal for Decision has been issued by an administrative law judge,
				  the Commission will render the final decision in a contested case or remand the
				  proceeding for further consideration by the administrative law judge. The
				  Commission is responsible for imposing disciplinary action and/or assessing
				  administrative penalties against respondents who are found to have violated any
				  of the Commission's statutes or rules. The Commission welcomes recommendations
				  of administrative law judges as to the sanctions to be imposed, but the
				  Commission is not required to give presumptively binding effect to the
				  administrative law judges' recommendations and is not bound by such
				  recommendations.
(b) If the
				  Commission remands the case to the administrative law judge, the Commission may
				  direct that further consideration be accomplished with or without reopening the
				  hearing and may limit the issues to be considered. If, on remand, additional
				  evidence is admitted that results in a substantial revision of the Proposal for
				  Decision, or the underlying facts, the administrative law judge shall prepare
				  an amended or supplemental Proposal for Decision and this subchapter applies.
				  Exceptions and replies are limited to items contained in the supplemental
				  Proposal for Decision.
(c) The
				  Proposal for Decision may be acted on by the Commission after the
				  administrative law judge has ruled on any exceptions or replies to exceptions
				  or on the day following the day exceptions or replies to exceptions were due if
				  no such exceptions or replies were filed.
(d) Any party may request oral argument
				  before the Commission before the final disposition of the contested case. An
				  oral argument is conducted in accordance with paragraphs (1) - (5) of this
				  subsection.
(1) The chairperson or the
				  Commission member designated by the chairperson to preside (the presiding
				  member) shall announce the case. Upon the request of any party, the presiding
				  member may conduct a prehearing conference with the parties and their attorneys
				  of record. The presiding member may announce reasonable time limits for any
				  oral arguments presented by the parties.
(2) The hearing on the Proposal for Decision
				  is limited to the record. New evidence may not be presented on the substance of
				  the case unless the party submitting the evidence establishes that the new
				  evidence was not reasonably available at the time of the original hearing or
				  the party offering the evidence was misled by a party regarding the necessity
				  for offering the evidence at the original hearing.
(3) In presenting an oral argument, the party
				  bearing the burden of proof opens and closes. The party responding may offer a
				  rebuttal argument. A party may request an opportunity for additional rebuttal
				  subject to the discretion of the presiding member.
(4) After being recognized by the presiding
				  member, the members of the Commission may ask questions of the parties. If a
				  party is represented by counsel, the Commission must direct the questions to
				  the party's attorney. Questions must be limited to the record and to the
				  arguments made by the parties.
(5)
				  Upon the conclusion of oral arguments, questions by the members of the
				  Commission, and any discussion by the members of the Commission, the presiding
				  member shall call for a motion regarding disposition of the contested case. The
				  presiding member may vote on the motion. A motion is granted only if a majority
				  of the members present and voting vote in favor of the motion. In the event of
				  a tie vote, the presiding member shall announce that the motion is
				  overruled.