Sec. 157.026. HEARINGS AND JUDICIAL REVIEW. (a) The commissioner may employ an enforcement staff to investigate and prosecute complaints made against residential mortgage loan originators licensed under this chapter. The commissioner may employ an administrative law judge to conduct hearings under this section. The commissioner may collect and deposit any court costs assessed under a final order.
(b) If the commissioner proposes to suspend or revoke a license of a residential mortgage loan originator or if the commissioner refuses to issue or renew a residential mortgage loan originator license under this chapter, the applicant or license holder is entitled to a hearing before the commissioner or an administrative law judge who shall make a proposal for decision to the commissioner. The commissioner or administrative law judge shall prescribe the time and place of the hearing. The hearing is governed by Chapter 2001, Government Code.
(c) The commissioner or administrative law judge may issue subpoenas for the attendance of witnesses and the production of records or documents. Process issued by the commissioner or the administrative law judge may extend to all parts of the state and may be served by any person designated by the commissioner or administrative law judge.
(d) An individual aggrieved by a ruling, order, or decision of the commissioner has the right to appeal to a district court in the county in which the hearing was held. An appeal under this subsection is governed by Chapter 2001, Government Code.
(e) The commissioner may, in the commissioner's discretion, rescind or vacate any previously issued revocation order.
Added by Acts 2009, 81st Leg., R.S., Ch. 1147 (H.B. 2779), Sec. 8, eff. April 1, 2010.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 160 (S.B. 1004), Sec. 78, eff. September 1, 2013.
Structure Texas Statutes
Title 3 - Financial Institutions and Businesses
Subtitle E - Other Financial Businesses
Chapter 157 - Mortgage Bankers and Residential Mortgage Loan Originators
Section 157.021. Inspection; Investigations
Section 157.0211. Multi-State Examination Authority of Residential Mortgage Loan Servicer
Section 157.022. Issuance and Enforcement of Subpoena
Section 157.023. Administrative Penalty
Section 157.024. Disciplinary Action; Cease and Desist Order
Section 157.0241. Revocation or Suspension of License for Payment From Recovery Fund
Section 157.026. Hearings and Judicial Review
Section 157.027. Civil Actions and Injunctive Relief
Section 157.028. Burden of Proof to Establish an Exemption
Section 157.029. Reliance on Written Notices From the Commissioner
Section 157.030. Completion of Residential Mortgage Origination Services