Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter B - MOTOR VEHICLE, SALVAGE VEHICLE, AND TRAILER INDUSTRY ENFORCEMENT › Section 224.52 - Cease and Desist Order; Delegation of Authority

Current through Reg. 49, No. 28; July 12, 2024
(a) When a person is alleged to be violating
				  a provision of Occupations Code, Chapter 2301, or a board rule or order, the
				  department may enter an interlocutory order requiring the person to cease and
				  desist from the violation under the following procedures.
(1) In accordance with Occupations Code,
				  §2301.154(c) and Transportation Code, §
											1003.005(b),
				  the department's Enforcement Division director is delegated the authority to
				  issue an interlocutory cease-and-desist order under the procedures established
				  in this subsection.
(2) A person
				  requesting an interlocutory cease-and-desist order must present a petition or
				  complaint, verified by affidavit, containing a plain statement of the grounds
				  for seeking the cease-and-desist order to the department's Enforcement Division
				  director in accordance with the procedures set forth in §224.84 of this
				  section (regarding Filing and Service of a Protest, Complaint, or Other
				  Document). The department shall not issue an interlocutory cease-and-desist
				  order without a verified petition or complaint that meets the requirements of
				  this subsection.
(3) At least three
				  days prior to entering an interlocutory order requiring a person to cease and
				  desist, the department must send a letter notifying the person of the
				  allegations against them to all current addresses for the person in the
				  department's records by both electronic service and certified mail, return
				  receipt requested.
(4) The notice
				  letter must include a statement of the alleged conduct that forms the basis for
				  the interlocutory cease-and-desist order and must provide the person the
				  opportunity to show cause in writing within three days why the department
				  should not issue a cease-and-desist order.
(5) In considering whether to issue an
				  interlocutory cease-and-desist order, the department must determine if the
				  conditions set forth in Occupations Code, §
											2301.802(b)
				  are present and consider the person's written response, if any, to the letter
				  notifying the person of the alleged violations. The department shall email a
				  copy of the department's decision to the person in addition to sending a copy
				  by certified mail, return receipt requested.
(6) Each interlocutory cease-and-desist order
				  must include:
(A) the date and hour of
				  issuance;
(B) a statement of which
				  of the conditions in Occupations Code, §
												2301.802(b)
				  the department determined were present to necessitate the cease-and-desist
				  order;
(C) a notice of hearing at
				  SOAH to determine the validity of the order;
(D) the reasons for its issuance;
				  and
(E) a description in reasonable
				  detail of the act or acts to be restrained.
(7) If the ALJ determines after a hearing
				  that the cease-and-desist order should remain in place during the pendency of
				  the contested case, the ALJ shall issue an interlocutory cease-and-desist
				  order.
(8) An interlocutory
				  cease-and-desist order remains in effect until vacated or incorporated in a
				  final order.
(9) A party may
				  immediately appeal an interlocutory cease-and-desist order issued by an ALJ to
				  the board under §224.192 of this title (relating to Appeal of an
				  Interlocutory Order) while the contested case is at SOAH.