Sec. 1102.357. COMMISSION RESPONSE. (a) On receipt of notice under Section 1102.355, the commission may notify the attorney general of the commission's desire to enter an appearance, file a response, appear at the hearing, defend the action, or take any other action the commission considers appropriate.
(b) The commission and the attorney general may act under Subsection (a) only to:
(1) protect the fund from spurious or unjust claims; or
(2) ensure compliance with the requirements for recovery under this subchapter.
(c) The commission may relitigate in the hearing any material and relevant issue that was determined in the action that resulted in the judgment in favor of the aggrieved person.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Structure Texas Statutes
Title 7 - Practices and Professions Related to Real Property and Housing
Subtitle A - Professions Related to Real Estate
Chapter 1102 - Real Estate Inspectors
Subchapter H. Real Estate Inspection Recovery Fund
Section 1102.351. Real Estate Inspection Recovery Fund
Section 1102.352. Payments Into Fund
Section 1102.353. Management of Fund
Section 1102.354. Deadline for Action; Notice to Commission
Section 1102.355. Claim for Payment From Fund
Section 1102.356. Issues at Hearing
Section 1102.357. Commission Response
Section 1102.358. Court Order for Payment
Section 1102.359. Payment Limits; Attorney's Fees
Section 1102.360. Application of Judgment Recovery
Section 1102.362. Effect on Disciplinary Proceedings
Section 1102.363. Waiver of Rights
Section 1102.364. Notice to Consumers and Service Recipients