TREC proposes rule to clarify temporary suspensions for imminent threats; commissioners debate definition and timing
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Summary
TREC voted to publish for comment a proposed new rule (22 TAC 5.33.11) that explains when the commission may temporarily suspend a license to address a continuing threat to public welfare. Commissioners discussed the rule's timeframe language and whether statutory changes are needed to address cases where criminal proceedings delay agency action.
The Texas Real Estate Commission authorized publication of a proposed rule, 22 TAC 5.33.11, to clarify when staff may seek a temporary suspension of a real-estate license on the grounds that continued practice would constitute a continuing threat to the public welfare.
General Counsel Abby Lee said the rule is intended to codify procedures and clarify the findings staff must present, including that credible evidence shows a license holder may continue conduct that violates chapter 1101/1102 or commission rules and that the activity involves current or recent work requiring a license.
Commissioner discussion: Commissioners supported publishing the proposal but raised questions about wording and practical effect. Several commissioners urged clearer definitions of ‘‘continuing threat to the public welfare’’ and recommended changing the proposed three-day notice to business days. Commissioner Pena and others noted high-profile examples where long criminal-case timelines allowed license holders to continue practicing while cases worked through courts; they suggested statutory changes might be needed to expand the agency's ability to limit practice during protracted prosecutions.
Staff recommendation and next steps: Staff recommended publishing the proposal for public comment; commissioners approved the proposal. The rule will be published to the Texas Register for public comment; staff said they will consider public input and return with revisions as needed.