Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 533 - PRACTICE AND PROCEDURE › Subchapter A - DEFINITIONS › Section 533.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 have the following meanings, unless the context clearly indicates
					 otherwise.
(1) ADR--Alternative
				  dispute resolution.
(2) ADR
				  Procedures--Alternatives to judicial forums or administrative agency contested
				  case proceedings for the voluntary settlement of contested matters through the
				  facilitation of an impartial third-party.
(3) APA--The Administrative Procedure Act
				  (Texas Government Code, Chapter 2001).
(4) Applicant--Any person seeking a license,
				  certificate, registration, approval, or permit from the Commission.
(5) Commission--The Texas Real Estate
				  Commission.
(6) Complainant--Any
				  person who has filed a complaint with the Commission against any person whose
				  activities are subject to the jurisdiction of the Commission.
(7) Contested case or proceeding--A
				  proceeding in which the legal rights, duties, or privileges of a party are to
				  be determined by the Commission and/or the Executive Director after an
				  opportunity for adjudicative hearing.
(8) Executive Director--The Executive
				  Director of the Texas Real Estate Commission.
(9) License--The whole or part of any
				  registration, license, certificate, approval, permit, or similar form of
				  permission required or permitted by law issued by the Commission.
(10) Mailing Address--The mailing address as
				  provided to the Commission by a license holder and maintained as required by
				  the Commission's rules or as provided to the Commission by an applicant or as
				  shown in the Commission's records for a respondent who is not a license holder.
				  The mailing address for a respondent that holds an active sales agent license
				  shall be the mailing address of the sales agent's sponsoring broker as shown in
				  the Commission's records.
(11)
				  Party--A person admitted to participate in a case before the Commission or the
				  Executive Director.
(12)
				  Person--Any individual, partnership, corporation, or other legal entity,
				  including a state agency or governmental subdivision.
(13) Pleading--A written document submitted
				  by a party, or a person seeking to participate in a case as a party, which
				  requests procedural or substantive relief, makes claims, alleges facts, makes
				  legal arguments, or otherwise addresses matters involved in the case.
(14) Respondent--Any person, licensed or
				  unlicensed, who has been charged with violating a law that establishes a
				  regulatory program administered by the Commission or a rule or order issued by
				  the Commission.
(15) Sanctions--Any
				  administrative penalty, disciplinary or remedial action imposed by the
				  Commission for violations of Texas Occupations Code, Chapter 1101, 1102, or
				  1105 or the Rules adopted by the Commission pursuant to those
				  chapters.
(16) SOAH--State Office
				  of Administrative Hearings.
(17)
				  TAC--Texas Administrative Code.