Part 7.
TEXAS RESIDENTIAL CONSTRUCTION COMMISSION
Chapter 305.
PRACTICE AND PROCEDURES FOR HEARINGS AND DISCIPLINARY ACTIONS
The Texas Residential Construction Commission (commission) adopts
amendments to 10 TAC §§305.1, 305.2, 305.4, 305.5, 305.21 - 305.23,
305.26, 305.28, 305.30 - 305.32, and 305.40 of Chapter 305, regarding the
procedures for hearings and disciplinary actions with no changes to the proposed
text as published in the March 24, 2006, issue of the
Texas Register
(31 TexReg 2344). The commission also adopts the amendments
to §305.41 with no changes to the proposed text as published in the April
7, 2006, issue of the
Texas Register
(31 TexReg
2960).
The amendments eliminate superfluous language and redundancies and restate
procedures to more clearly describe the commission practices.
The commission received no comments on the amendments.
Subchapter A. GENERAL PROVISIONS
10 TAC §§305.1, 305.2, 305.4, 305.5
The amendments are adopted pursuant to Property Code §408.001,
which provides general authority for the commission to adopt rules necessary
for the implementation of Title 16 of the Property Code, the commission's
enabling act and the Administrative Procedures Act, Texas Government Code
Chapter 2001; Property Code §416.008, regarding denial of a certificate
of registration; Property Code §430.008, regarding registration of third-party
warranty companies; Property Code Chapter 418, regarding the commission's
authority to undertake disciplinary actions; and Chapter 419, regarding the
commission's authority to impose administrative penalties.
Cross Reference to Statutes: Title 16, Property Code §§408.001,
416.008, 430.008, Chapters 418 and 419 and Texas Government Code Chapter 2001.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 19, 2006.
TRD-200602833
Susan K. Durso
General Counsel
Texas Residential Construction Commission
Effective date: June 8, 2006
Proposal publication date: March 24, 2006
For further information, please call: (512) 463-2886
10 TAC §§305.21 - 305.23, 305.26, 305.28
The amendments are adopted pursuant to Property Code §408.001,
which provides general authority for the commission to adopt rules necessary
for the implementation of Title 16 of the Property Code, the commission's
enabling act and the Administrative Procedures Act, Texas Government Code
Chapter 2001; Property Code §416.008, regarding denial of a certificate
of registration; Property Code §430.008, regarding registration of third-party
warranty companies; Property Code Chapter 418, regarding the commission's
authority to undertake disciplinary actions; and Chapter 419, regarding the
commission's authority to impose administrative penalties.
Cross Reference to Statutes: Title 16, Property Code §§408.001,
416.008, 430.008, Chapters 418 and 419 and Texas Government Code Chapter 2001.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on May 19, 2006.
TRD-200602834
Susan K. Durso
General Counsel
Texas Residential Construction Commission
Effective date: June 8, 2006
Proposal publication date: March 24, 2006
For further information, please call: (512) 463-2886
10 TAC §§305.30 - 305.32
The amendments are adopted pursuant to Property Code §408.001,
which provides general authority for the commission to adopt rules necessary
for the implementation of Title 16 of the Property Code, the commission's
enabling act and the Administrative Procedures Act, Texas Government Code
Chapter 2001; Property Code §416.008, regarding denial of a certificate
of registration; Property Code §430.008, regarding registration of third-party
warranty companies; Property Code Chapter 418, regarding the commission's
authority to undertake disciplinary actions; and Chapter 419, regarding the
commission's authority to impose administrative penalties.
Cross Reference to Statutes: Title 16, Property Code §§408.001,
416.008, 430.008, Chapters 418 and 419 and Texas Government Code Chapter 2001.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on May 19, 2006.
TRD-200602835
Susan K. Durso
General Counsel
Texas Residential Construction Commission
Effective date: June 8, 2006
Proposal publication date: March 24, 2006
For further information, please call: (512) 463-2886
Subchapter B. DISCIPLINARY PROCEEDINGS
Subchapter C. PROCEEDINGS AT SOAH
Subchapter D. POST-SETTLEMENT AND POST-HEARING MATTERS