TREC-State Portion Study Guide-Complete Terms List. Questions and answers. Rated A+

TREC-State Portion Study Guide-Complete Terms List. Questions and answers. Rated A+ I. Commission Duties and Powers (Sale Agent-2, Broker-3 Questions) A. General Powers: Composition, Duties, and Powers; Real Estate Broker-Lawyer Committee B. Investigations and Subpoena Power: Investigations; Subpoena Power Investigations; Subpoena Power Hearings C. Hearings and Appeals (Broker only) D. Penalties for Violation: Unlicensed Activity; Authority for Disciplinary Actions; Penalties; Recovery Fund - - Real Estate Broker-Lawyer Committee - -Drafts and revises TREC promulgated contracts. Thirteen members- 6 appointed by the commission- 6 members of the State Bar-appointed by the President of the State Bar and 1 public member appointed by the governor. Members will hold office for staggered terms of six years with the terms of two commission appointees and two State Bar appointees expiring every two years. A licensee's use of these forms is not considered an unauthorized practice of law. Subpoena Power Investigations - -TREC has the power of subpoena. TREC may compel by subpoena the attendance of witnesses for examination under oath and the production for inspection and copying of books, accounts, records, papers, correspondence, documents and other evidence relevant to an investigation. If a licensee fails to comply with a subpoena, TREC can file suit through the attorney general to enforce the subpoena. Subpoena Power Hearings - -If the commission proposes to suspend or revoke a license, the person is entitled to a hearing before the commissioner. If that ruling is adverse to the license, they can appeal to a district court within 30 days. TREC Complaints - -A person may file a written complaint with TREC against a real estate licensee if the person believes the licensee violated The Real Estate Licensing Act. If TREC has jurisdiction, it will investigate the allegations by interviewing the persons, witnesses and relevant information. TREC's Standards and Enforcement Services (SES) will notify the licensee if it intends to initiate disciplinary proceedings Complaint Priorities - -TREC is required to maintain a system to act promptly and efficiently on complaints and must maintain a file on each complaint. TRELA requires that TREC assign priorities and investigate complaints using a risk-based approach on the: Degree of potential harm to the consumer Potential for immediate harm to the consumer Overall severity of the allegations and complaint Number of license holders potentially involved in the complaint Number of potential violations in the complaint Refund to Consumer - -TREC may order a licensee to pay a refund to a consumer as provided by an agreement resulting from an informal settlement conference or enforcement order.