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Texas Real Estate Law: Commission Investigations and Inspections

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Texas Real Estate Law: Commission Investigations and Inspections

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Questions and Answers

What is the deadline for a fire fighter or police officer to file an appeal with the commission?

Within 10 days after the date the action occurred (correct)

Within 20 days after the date the action occurred

Within 5 days after the date the action occurred

Within 15 days after the date the action occurred

What must the appeal filed by the fire fighter or police officer contain, according to the text?

Only the basis for the appeal and a request for a commission hearing

Only a statement denying the truth of the charge as made

Only a statement taking exception to the legal sufficiency of the charge

All of the above: the basis for the appeal, a request for a commission hearing, a statement denying the truth of the charge, a statement taking exception to the legal sufficiency of the charge, and a statement alleging that the recommended action does not fit the offense or alleged offense (correct)

Who is the affected fire fighter or police officer entitled to be represented by in each hearing, appeal, or review?

Only by a person the fire fighter or police officer chooses

Only by counsel

By counsel or a person the fire fighter or police officer chooses (correct)

By the commission

What does the text say the commission shall do in each proceeding where it performs an adjudicatory function?

Hold the proceeding in public Signup and view all the answers

What is the commission required to do if it does not subpoena material requested by the affected fire fighter or police officer?

The commission must provide a written report to the fire fighter or police officer stating the reason it will not subpoena the requested material Signup and view all the answers

What does the text say the commission shall do in conducting the hearing?

The commission shall conduct the hearing fairly and impartially as prescribed by this chapter and shall render a just and fair decision Signup and view all the answers

What is the primary responsibility of the commission or a designated member under section 143.009(a)?

Investigate and report on matters related to the enforcement of the chapter and rules Signup and view all the answers

During an investigation under section 143.009(b), what can the commission or designated member do?

Issue subpoenas for witnesses and relevant documents Signup and view all the answers

How must a deposition be taken in connection with an investigation under section 143.009(c)?

In a manner prescribed by law for a deposition in a federal district court civil action Signup and view all the answers

What is the legal force and effect of an oath administered or subpoena issued under section 143.009(d)?

Carries the same force as an oath administered by a magistrate in the magistrate's judicial capacity Signup and view all the answers

What offense does a person commit if they fail to respond to a subpoena issued under section 143.009(e)?

Misdemeanor offense Signup and view all the answers

What is NOT a power granted to the commission or designated member during an investigation under section 143.009(b)?

Conducting trials Signup and view all the answers