Sec. 1101.709. REMITTANCE OF PENALTY AND INTEREST. (a) If after judicial review the administrative penalty is reduced or is not upheld by the court, the court shall remit the appropriate amount, plus accrued interest, to the person if the person paid the penalty.
(b) The interest accrues at the rate charged on loans to depository institutions by the New York Federal Reserve Bank.
(c) The interest shall be paid for the period beginning on the date the penalty is paid and ending on the date the penalty is remitted.
(d) If the person gave a supersedeas bond and the penalty is not upheld by the court, the court shall order, when the court's judgment becomes final, the release of the bond.
(e) If the person gave a supersedeas bond and the amount of the penalty is reduced, the court shall order the release of the bond after the person pays the reduced amount.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1411 (S.B. 914), Sec. 34, eff. September 1, 2007.
Structure Texas Statutes
Title 7 - Practices and Professions Related to Real Property and Housing
Subtitle A - Professions Related to Real Estate
Chapter 1101 - Real Estate Brokers and Sales Agents
Subchapter O. Administrative Penalty
Section 1101.701. Imposition of Administrative Penalty
Section 1101.7015. Delegation of Executive Director's Authority
Section 1101.702. Amount of Penalty
Section 1101.703. Notice of Violation and Penalty
Section 1101.704. Penalty to Be Paid or Hearing Requested
Section 1101.705. Hearing; Decision
Section 1101.706. Notice of Order
Section 1101.707. Options Following Decision: Pay or Appeal
Section 1101.708. Collection of Penalty
Section 1101.7085. Determination by Court