reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter D - MOTOR CARRIER AND OVERSIZE OR OVERWEIGHT VEHICLE OR LOAD ENFORCEMENT › Section 224.115 - Administrative Penalty and Sanction Assessment; Probation of Suspension

Current through Reg. 49, No. 28; July 12, 2024
(a) Amount of administrative penalty under
				  Transportation Code, §
										623.271.
(1) Transportation Code, §
											623.271 governs
				  the amount of an administrative penalty that the department may assess against
				  a person or the holder of an oversize or overweight permit, as
				  applicable.
(2) In an action
				  brought by the department, the aggregate amount of administrative penalty shall
				  not exceed $5,000 unless it is found that the person or the holder of the
				  permit knowingly committed a violation.
(3) In an action brought by the department,
				  if it is found that the person or the holder of the permit knowingly committed
				  a violation, the aggregate amount of administrative penalty shall not exceed
				  $15,000. "Knowingly" means actual awareness of the act or practice that is the
				  alleged violation, or acting with deliberate ignorance of or reckless disregard
				  for the violation involved. Actual awareness may be inferred from the conduct
				  of the alleged violator or from the history of previous violations by the
				  alleged violator.
(4) In an action
				  brought by the department, if it is found that the person or the holder of the
				  permit knowingly committed multiple violations, the aggregate amount of
				  administrative penalty for the multiple violations shall not exceed
				  $30,000.
(5) Each day a violation
				  continues or occurs is a separate violation for purposes of imposing an
				  administrative penalty.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter D - MOTOR CARRIER AND OVERSIZE OR OVERWEIGHT VEHICLE OR LOAD ENFORCEMENT › Section 224.116 - Administrative Proceedings

Current through Reg. 49, No. 28; July 12, 2024
(a) If the
				  department decides to take an enforcement action under §
										218.16 of this title (relating to
				  Insurance Requirements) for the revocation of self-insured status, §
										218.64 of this title (relating to
				  Rates), §
										218.71 of this title (relating to
				  Administrative Penalties), §
										219.121 of this title (relating to
				  Administrative Penalties and Sanctions under Transportation Code, §
										623.271), §
										218.72 of this title (relating to
				  Administrative Sanctions), or §
										219.126 of this title (relating to
				  Administrative Penalty for False Information on Certificate by a Shipper), the
				  department shall mail a Notice of Department Decision to the person by first
				  class mail to the last known address as shown in department records. If the
				  enforcement action falls under the Memorandum of Agreement with the Federal
				  Motor Carrier Safety Administration (FMCSA) under §218.71, the department
				  shall mail the Notice of Department Decision to the person by first class mail
				  to the last known address as shown in FMCSA's records.
(b) The Notice of Department Decision shall
				  include:
(1) a brief summary of the alleged
				  violation or enforcement action being proposed;
(2) a statement describing each sanction,
				  penalty, or enforcement action proposed;
(3) a statement informing the person of the
				  right to request a hearing;
(4) a
				  statement of the procedure a person must use to request a hearing, including
				  the deadline for filing a request with the department and the acceptable
				  methods to request a hearing; and
(5) a statement that a proposed penalty,
				  sanction, or enforcement action will become final and take effect on a specific
				  date if the person fails to request a hearing.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter D - MOTOR CARRIER AND OVERSIZE OR OVERWEIGHT VEHICLE OR LOAD ENFORCEMENT › Section 224.118 - Filing of Documents

Current through Reg. 49, No. 28; July 12, 2024
Each document required or allowed to be filed with the
					 department under this subchapter must be filed according to written
					 instructions provided by the department in the applicable notice under this
					 subchapter.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter D - MOTOR CARRIER AND OVERSIZE OR OVERWEIGHT VEHICLE OR LOAD ENFORCEMENT › Section 224.120 - Registration Suspension Ordered Under Family Code

Current through Reg. 49, No. 28; July 12, 2024
(a) On receipt of a final order issued under
				  Family Code, §§
										232.003,
				  232.008, or
				  232.009, regarding child
				  support enforcement, the department will suspend:
(1) a certificate of registration issued
				  under Chapter 218, Subchapter B (relating to Motor Carrier Registration);
				  or
(2) the registration of an
				  interstate motor carrier issued under §
											218.17 of this title (relating to
				  Unified Carrier Registration System).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter D - MOTOR CARRIER AND OVERSIZE OR OVERWEIGHT VEHICLE OR LOAD ENFORCEMENT › Section 224.122 - Appeal of Decision Regarding Assessment, Cancellation, or Revocation Under Section 217.56

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to
				  §
										217.56(c)(2)(J)(iii)
				  of this title (relating to Registration Reciprocity Agreements), a registrant
				  may appeal the department's decision regarding an assessment, cancellation, or
				  revocation.
(b) The appeal will be
				  governed by Chapter 224, Subchapter E of this title (relating to Contested
				  Cases Referred to SOAH).
(c) The
				  registrant's appeal will be considered untimely if it is not received by the
				  director of the department's Motor Carrier Division by the 26th day after the
				  date of the department's decision. The department will not consider an untimely
				  appeal.
(d) A timely appeal will
				  abate the assessment pending a final order.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter D - MOTOR CARRIER AND OVERSIZE OR OVERWEIGHT VEHICLE OR LOAD ENFORCEMENT › Section 224.124 - Appeal of a Denial Under Transportation Code, Section 643.2526

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to Transportation Code, §
										643.2526, an
				  applicant may appeal the denial of an application for registration, renewal of
				  registration, or reregistration under Transportation Code, Chapter
				  643.
(b) The appeal will be
				  governed by Chapter 224, Subchapter E of this title (relating to Contested
				  Cases Referred to SOAH).
(c) The
				  applicant's appeal will be considered untimely if it is not filed with the
				  department by the 26th day after the date of the department's denial of the
				  application. The department will not consider an untimely appeal.
(d) An application that is withdrawn under
				  Transportation Code, §
										643.055 is not a
				  denial of an application for the purposes of an appeal under Transportation
				  Code, §
										643.2526.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter D - MOTOR CARRIER AND OVERSIZE OR OVERWEIGHT VEHICLE OR LOAD ENFORCEMENT › Section 224.126 - Appeal of a Denial of Self-Insured Status

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Pursuant to §
										218.16(d) of this
				  title (relating to Insurance Requirements), an applicant may appeal the denial
				  of an application for self-insured status.
(b) The appeal will be governed by Chapter
				  224, Subchapter E of this title (relating to Contested Cases Referred to
				  SOAH).
(c) The applicant's appeal
				  will be considered untimely if it is not filed with the department by the 26th
				  day after the date of the department's denial of the application. The
				  department will not consider an untimely appeal.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter D - MOTOR CARRIER AND OVERSIZE OR OVERWEIGHT VEHICLE OR LOAD ENFORCEMENT › Section 224.128 - Referral to SOAH

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  will refer a contested case to SOAH by filing a Request to Docket form and
				  related documents as required under SOAH rules as follows:
(1) if the department receives a timely
				  request for a hearing and the parties are unable to informally resolve or
				  dispose of the case;
(2) if the
				  department receives a timely appeal under §§224.122, 224.124, or
				  224.126; or
(3) the contested case
				  falls under §
											218.64 of this title (relating to
				  Rates) and Transportation Code, §643.154.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter D - MOTOR CARRIER AND OVERSIZE OR OVERWEIGHT VEHICLE OR LOAD ENFORCEMENT › Section 224.130 - Notice of Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) Once SOAH
				  provides the department with the initial hearing date, time, and place, the
				  department will issue to the contested case parties a notice of hearing that
				  complies with Government Code, Chapter 2001 and SOAH rules.
(b) The contested case proceeds according to
				  Subchapter E of this chapter (relating to Contested Cases Referred to
				  SOAH).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter E - CONTESTED CASES REFERRED TO SOAH › Section 224.150 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter
				  describes department practice and procedures for referring a contested case to
				  SOAH for a hearing, including a contested case under Subchapter B (relating to
				  Motor Vehicle, Salvage Vehicle, and Trailer Industry Enforcement), Subchapter C
				  (relating to Contested Cases Between Motor Vehicle Industry License Holders or
				  Applicants), and Subchapter D (Motor Carrier and Oversize or Overweight Vehicle
				  or Load Enforcement) of this chapter.
(b) When SOAH accepts a referral from the
				  department, jurisdiction of the contested case transfers to SOAH, and practice
				  and procedure in contested cases heard by SOAH are addressed in:
(1) 1 TAC Chapter 155, and
(2) subchapter A and this subchapter, where
				  not in conflict with SOAH rules.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter E - CONTESTED CASES REFERRED TO SOAH › Section 224.152 - Referral to SOAH

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  shall refer contested cases to SOAH upon determination that a hearing is
				  appropriate under Occupations Code, Chapter 2301 or 2302, or Transportation
				  Code, Chapters 502, 503, 621-623, 643, 645, or 1001-1005, including contested
				  cases relating to:
(1) an enforcement
				  complaint on the department's own initiative;
(2) a notice of protest that has been timely
				  filed in accordance with §
											215.106 of this title (relating to
				  Time for Filing Protest);
(3) a
				  protest filed under Occupations Code, §
											2301.360 or a
				  protest or complaint filed under Occupations Code, Chapter 2301, Subchapters I
				  or J;
(4) a department-issued cease
				  and desist order; or
(5) any other
				  contested matter that meets the requirements for a hearing at
				  SOAH.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter E - CONTESTED CASES REFERRED TO SOAH › Section 224.154 - Notice of Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) In a contested
				  case, each party is entitled to an opportunity for a hearing, in accordance
				  with Government Code, §
										2001.051.
(b) The requirements for a notice of hearing
				  in a contested case are provided by Government Code, §
										2001.052; Occupations
				  Code, §
										2301.705; the SOAH
				  rules; and Transportation Code, Chapter 623 or 643, as applicable.
(c) For service of parties outside of the
				  United States, in addition to service under Occupations Code, §
										2301.265, the
				  department may serve a notice of hearing by any method allowed under TRCP or
				  that provides for confirmation of delivery to the party to the extent
				  authorized by applicable law.
(d)
				  The last known address of a license applicant, license holder, or other person
				  is the last mailing address in department records or Federal Motor Carrier
				  Safety Administration (FMCSA) records, as applicable.
(e) A notice of hearing issued by the
				  department in a contested case shall comply with the requirements of Government
				  Code, §2001.052(a).
(f) The
				  department will serve a notice of hearing upon a license holder by certified
				  mail return receipt requested to the last known address of the license holder
				  or authorized representative, in accordance with Occupations Code, §
										2301.705.
(g) The department may serve a notice of
				  hearing upon a person who is not a license holder by first class mail to the
				  person's last known address as shown in department records or Federal Motor
				  Carrier Safety Administration (FMCSA) records, as applicable.
(h) A notice of hearing in a contested case
				  may be amended in accordance with Government Code, §
										2001.052(b).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter E - CONTESTED CASES REFERRED TO SOAH › Section 224.156 - Reply to Notice of Hearing and Default Proceedings

Current through Reg. 49, No. 28; July 12, 2024
(a) A party may file a written reply or
				  pleading to respond to all allegations. The written reply or responsive
				  pleading must be filed with SOAH in accordance with SOAH rules and must
				  identify the SOAH and department docket numbers, as reflected in the notice of
				  hearing.
(b) Any party filing a
				  reply or responsive pleading shall serve a copy of the reply or responsive
				  pleading on each party or party's authorized representative in compliance with
				  SOAH rules.
(c) A party may file an
				  amended or supplemental reply or responsive pleading in accordance with SOAH
				  rules.
(d) If a party properly
				  noticed under this chapter does not appear at the hearing, a party appearing at
				  the hearing may request that the ALJ dismiss the contested case from the SOAH
				  docket. If the contested case is dismissed from the SOAH docket, the case may
				  be presented to the final order authority for disposition pursuant to SOAH
				  rules and §224.29 of this title (relating to Delegation of Final Order
				  Authority).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter E - CONTESTED CASES REFERRED TO SOAH › Section 224.158 - Amicus Briefs

Current through Reg. 49, No. 28; July 12, 2024
(a) An interested
				  person may submit an amicus brief for consideration by the ALJ in a contested
				  case by the deadline for filing exceptions in accordance with SOAH rules. A
				  party may submit one written reply to the amicus brief no later than the
				  deadline for filing replies to exceptions under SOAH rules.
(b) An amicus brief and a party's reply to
				  amicus brief must be submitted to the ALJ and be served on all
				  parties.
(c) The ALJ may amend the
				  proposal for decision after considering an amicus brief or a party's reply to
				  an amicus brief.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter E - CONTESTED CASES REFERRED TO SOAH › Section 224.162 - Statutory Stay

Current through Reg. 49, No. 28; July 12, 2024
(a) A person
				  affected by a statutory stay imposed by Occupations Code, Chapter 2301 may
				  request a hearing before a SOAH ALJ to modify, vacate, or clarify the extent
				  and application of the statutory stay.
(b) The ALJ shall hold a hearing on a motion
				  to modify, vacate, or clarify a statutory stay, and prepare a written order,
				  including a justification explaining why the statutory stay should or should
				  not be modified, vacated, or clarified.
(c) A person affected by a statutory stay
				  imposed by Occupations Code, Chapter 2301 may request a hearing before the
				  board to modify, vacate, or clarify the extent and application of the statutory
				  stay under §224.192 of this chapter (relating to Appeal of an
				  Interlocutory Order) while the contested case is at SOAH.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter E - CONTESTED CASES REFERRED TO SOAH › Section 224.164 - Issuance of a Proposal for Decision

Current through Reg. 49, No. 28; July 12, 2024
(a) After a
				  hearing on the merits, the ALJ shall submit a proposal for decision in a
				  contested case to the department and all parties.
(b) The parties may submit to the ALJ
				  exceptions to the proposal for decision and replies to exceptions to the
				  proposal for decision in accordance with the SOAH rules.
(c) The ALJ will review all exceptions and
				  replies and notify the department and parties whether the ALJ recommends any
				  changes to the proposal for decision.
(d) The parties are not entitled to file
				  exceptions or briefs in response to an amended proposal for decision but may
				  raise an issue before the board as allowed at the time of oral presentation
				  under Subchapter F of this chapter.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter E - CONTESTED CASES REFERRED TO SOAH › Section 224.166 - Transfer of Jurisdiction for Final Decision

Current through Reg. 49, No. 28; July 12, 2024
(a) A party may appeal an interlocutory order
				  issued under Occupations Code, Chapter 2301 to the board under §224.192 of
				  this title (relating to Appeal of an Interlocutory Order). SOAH retains
				  jurisdiction on all other pending matters in the contested case, except as
				  provided otherwise in this chapter.
(b) If a contested case includes a hearing on
				  the merits, SOAH's jurisdiction transfers to the board when the ALJ confirms
				  that the proposal for decision is final.
(c) Once jurisdiction transfers, no new
				  testimony, witnesses, or information may be considered by the board or board
				  delegate with final order authority.
(d) After SOAH transfers the SOAH
				  administrative record to the department, the board or board delegate with final
				  order authority will consider the contested case under the provisions of
				  Subchapter F of this chapter (relating to Board Procedures in Contested
				  Cases).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter F - BOARD PROCEDURES IN CONTESTED CASES › Section 224.190 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
This subchapter describes procedures for the board to
					 review and issue a final order in a contested case in which:
(1) a SOAH ALJ has submitted a final proposal
				  for decision for consideration by the board or board delegate with final order
				  authority,
(2) a party has appealed
				  an interlocutory cease-and-desist order issued by an ALJ, or
(3) a party affected by a statutory stay
				  order issued by an ALJ requested a hearing to modify, vacate, or clarify the
				  extent and application of the statutory stay order.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter F - BOARD PROCEDURES IN CONTESTED CASES › Section 224.192 - Appeal of an Interlocutory Order

Current through Reg. 49, No. 28; July 12, 2024
(a) A party
				  affected by an interlocutory cease-and-desist order or a statutory stay order
				  under Occupations Code, Chapter 2301 may appeal the order to the board by
				  submitting to the department's general counsel a motion requesting that the
				  board modify, vacate, or clarify the order.
(b) The party requesting that the board
				  modify, vacate, or clarify an order must also simultaneously serve the request
				  on the other parties and the ALJ in accordance with §224.11 of this title
				  (relating to Filing and Service of Documents).
(c) The board will consider the interlocutory
				  appeal and issue a final order at a public meeting as soon as practicable.
				  Notwithstanding the deadline listed in §224.196 of this title (relating to
				  Request for Oral Presentation), the department shall give the parties written
				  notice at least seven days prior to the board meeting at which the board is
				  scheduled to consider the appeal. The notice shall notify the parties regarding
				  the opportunity to attend and provide an oral presentation concerning an order
				  before the board, and the opportunity to provide written materials to the
				  board.
(1) Notwithstanding the deadline listed
				  in §224.196, if a party seeks to provide an oral presentation at the board
				  meeting, the party must submit a written request for an oral presentation to
				  the department's contact listed in the notice provided under this subsection
				  and copy all other parties in accordance with §224.11 at least three days
				  prior to the date of the board meeting at which the board is scheduled to
				  consider the party's contested case.
(2) Notwithstanding the deadline listed in
				  §224.198 of this title (relating to Written Materials and Evidence), if a
				  party wants to provide written materials at the board meeting, the party must
				  provide the written materials to the department and all other parties in
				  accordance with §224.11 at least three days prior to the date of the board
				  meeting at which the board is scheduled to consider the party's contested
				  case.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter F - BOARD PROCEDURES IN CONTESTED CASES › Section 224.194 - Contested Case Review

Current through Reg. 49, No. 28; July 12, 2024
(a) After SOAH
				  submits a final proposal for decision and transfers SOAH's administrative
				  record to the department, the board has jurisdiction and the record required to
				  issue a final order and will review the contested case during the public
				  session of a board meeting, in accordance with the APA.
(b) For a contested case in which the board
				  has delegated final order authority to the Director of the Motor Carrier
				  Division, a special public meeting may be scheduled.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter F - BOARD PROCEDURES IN CONTESTED CASES › Section 224.196 - Request for Oral Presentation

Current through Reg. 49, No. 28; July 12, 2024
(a) At least 30 days
				  prior to the scheduled date of a board meeting, the department shall notify the
				  parties regarding the opportunity to attend and provide an oral presentation
				  concerning a proposal for decision before the board. The department will
				  deliver notice electronically to the last known email address provided to the
				  department by the party or party's authorized representative in accordance with
				  §224.11 of this title (relating to Filing and Service of
				  Documents).
(b) If a party wants to
				  make an oral presentation at the board meeting, a party must submit a written
				  request for an oral presentation to the department's contact listed in the
				  notice provided under subsection (a) of this section and copy all other parties
				  in accordance with §224.11 at least 14 days prior to the date of the board
				  meeting at which the party's contested case will be reviewed.
(c) If more than one party was not adversely
				  affected by the proposal for decision, such parties may agree on the order of
				  their presentations in lieu of the order prescribed under §224.202 of this
				  title (relating to Order of Oral Presentations to the Board). The order of
				  presentations will be determined under §224.202 of this title if the
				  parties who were not adversely affected by the proposal for decision do not
				  timely provide the department and the other parties with notice under
				  subsection (b) of this section regarding their agreed order of
				  presentation.
(d) If a party timely
				  submits a written request for an oral presentation, that party may make an oral
				  presentation at the board meeting. If a party fails to timely submit a written
				  request for an oral presentation, that party shall not make an oral
				  presentation at the board meeting.
(e) Section
				  206.22 of this title (relating to
				  Public Access to Board Meetings) authorizes a party to speak as a public
				  commenter regarding the party's contested case during the posted agenda item
				  for the contested case; however, a party is not authorized to make a public
				  comment regarding the party's contested case under §206.22 in addition to
				  making an oral presentation regarding the party's contested case under this
				  subchapter.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter F - BOARD PROCEDURES IN CONTESTED CASES › Section 224.198 - Written Materials and Evidence

Current through Reg. 49, No. 28; July 12, 2024
(a) If
				  a party wants to provide written materials at the board meeting, the party must
				  provide the written materials to the department and all other parties in
				  accordance with §224.11 of this title (relating to Filing and Service of
				  Documents) at least 21 days prior to the date of the board meeting. If a party
				  fails to timely provide written materials to the department or any other party,
				  the department shall not provide the written materials to the board and the
				  party shall not provide the written materials to the board at the board
				  meeting. Non-parties are not authorized to provide written materials to the
				  board.
(b) For the purposes of this
				  section, written materials are defined as language or images including
				  photographs or diagrams, that are contained in the SOAH administrative record
				  and recorded in paper form except as stated otherwise in this subsection. The
				  language or images in the written materials must be taken without changes from
				  the SOAH administrative record; however, proposed final orders and draft
				  motions for possible board action are allowed to be included in a party's
				  written materials even if they contain arguments or requests that are not
				  contained in the SOAH administrative record. Written materials shall be limited
				  to evidence contained in the SOAH administrative record and consistent with the
				  scope of the board's authority to act under Government Code, §
										2001.058(e)
				  and Occupations Code, Chapters 2301 and 2302, and Transportation Code, Chapters
				  502, 503, 621-623, 643, 645, or 1001-1005, as applicable.
(c) All information in the written materials
				  shall include a citation to the SOAH administrative record on all points to
				  specifically identify where the information is located. The citations may be
				  provided in an addendum to the written materials that is not counted against
				  the 15-page limit under subsection (d) of this section; however, the addendum
				  must not include any information other than a heading that lists the name of
				  the party, the caption for the contested case, and text that lists the
				  citations and page numbers.
(d)
				  Written materials shall be 8.5 inches by 11 inches and single-sided. Written
				  materials must be double-spaced and at least 12-point type if in text form.
				  Written materials are limited to 15 pages per party. If a party provides the
				  department with written materials that contain more pages than the maximum
				  allowed, the department shall not provide the written materials to the board
				  and a party shall not provide the written materials to the board at the board
				  meeting.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter F - BOARD PROCEDURES IN CONTESTED CASES › Section 224.200 - Oral Presentation Limitations and Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a) A party to a contested case under review
				  by the board shall limit oral presentation and discussion to evidence in the
				  SOAH administrative record. Also, oral presentation and discussion shall be
				  consistent with the scope of the board's authority to act under Government
				  Code, §
										2001.058(e);
				  Occupations Code, Chapters 2301 and 2302; and Transportation Code Chapter 502,
				  503, 621-623, 643, 645, or 1001-1005, as applicable.
(b) A party may argue that the board should
				  remand the contested case to SOAH.
(c) Each party is responsible for objecting
				  when another party attempts to make arguments or engage in discussion regarding
				  evidence that is not contained in the SOAH administrative record.
(d) A party's presentation to the board is
				  subject to the following limitations and conditions:
(1) Each party shall be allowed a maximum of
				  15 minutes for their oral presentation. The board chair may increase this
				  time.
(2) No party is allowed to
				  provide a rebuttal or a closing statement.
(3) An intervenor of record from the SOAH
				  proceeding supporting another party shall share that party's time.
(4) Time spent by a party responding to a
				  board question is not counted against their presentation time.
(5) During an oral presentation, a party to
				  the contested case before the board may object that a party presented material
				  or argument that is not in the SOAH administrative record. Time spent
				  discussing such objections is not counted against the objecting party's
				  time.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter F - BOARD PROCEDURES IN CONTESTED CASES › Section 224.202 - Order of Oral Presentations to the Board

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The department will present the procedural history and summary of the contested
				  case.
(b) The party that is
				  adversely affected may present first. However, the board chair is authorized to
				  determine the order of each party's presentation if:
(1) it is not clear which party is adversely
				  affected;
(2) it appears that more
				  than one party is adversely affected; or
(3) different parties are adversely affected
				  by different portions of the contested case under review.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter F - BOARD PROCEDURES IN CONTESTED CASES › Section 224.204 - Board Conduct and Discussion When Reviewing a Contested Case or Interlocutory Order

Current through Reg. 49, No. 28; July 12, 2024
(a) The board shall
				  conduct its contested case review in compliance with Government Code, Chapter
				  2001; Occupations Code, Chapters 2301 and 2302; and Transportation Code
				  Chapters 502, 503, 621, 623, 643, 645, or 1001-1005, as applicable, including
				  the limitations on changing a finding of fact or conclusion of law made by a
				  SOAH ALJ, and the prohibition on considering evidence outside of the SOAH
				  administrative record.
(b) A board
				  member may question a party or the department on any matter that is relevant to
				  the proposal for decision; however, a question shall be consistent with the
				  scope of the board's authority to take action under Government Code, §
										2001.058(e);
				  Occupations Code, Chapters 2301 and 2302; and Transportation Code, Chapters
				  502, 503, 621-623, 643, 645, or 1001-1005, as applicable; a question must be
				  limited to evidence contained in the SOAH administrative record; and the
				  communication must comply with §224.5 of this title (relating to
				  Prohibited Communication). In considering a contested case, a board member is
				  authorized to ask a question regarding a request to remand the case to SOAH,
				  including a remand to SOAH for further consideration of the evidence.
(c) A board member may use personal expertise
				  in the industry to understand a contested case and make effective decisions,
				  consistent with the scope of the board's authority to act under Government
				  Code, §
										2001.058(e);
				  Occupations Code, Chapters 2301 and 2302; and Transportation Code Chapters 502,
				  503, 621-623, 643, 645, or 1001-1005, as applicable. However, a board member is
				  not an advocate for a particular industry. A board member is an impartial
				  public servant who takes an oath to preserve, protect, and defend the
				  Constitution and laws of the United States and Texas.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter F - BOARD PROCEDURES IN CONTESTED CASES › Section 224.206 - Final Orders

Current through Reg. 49, No. 28; July 12, 2024
(a) A final decision
				  or order in a contested case reviewed by the board or board delegate with final
				  order authority shall be in writing and shall be signed by the board chair or
				  board delegate, as applicable.
(b)
				  The department shall email a copy of the final order to the parties in the
				  contested case in addition to sending a copy of the final order certified mail,
				  return receipt requested.
(c) The
				  provisions of Government Code, Chapter 2001, Subchapter F govern:
(1) the issuance of a final order issued
				  under this subchapter; and
(2)
				  motions for rehearing filed in response to a final order.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter G - LEMON LAW AND WARRANTY PERFORMANCE CLAIMS › Section 224.230 - Purpose, Scope, and Definitions

Current through Reg. 49, No. 28; July 12, 2024
(a) Subchapter A
				  and this subchapter apply to contested cases filed under Occupations Code,
				  §
										2301.204 or
				  Subchapter M, to the extent they do not conflict with state law, rule, or court
				  order.
(b) The following words and
				  terms, when used in this subchapter, shall have the following meanings, unless
				  the context clearly indicates otherwise.
(1)
				  Case advisor--A department staff member responsible for evaluating,
				  investigating, and mediating lemon law and warranty performance complaints
				  prior to a hearing.
(2) Comparable
				  motor vehicle--A new motor vehicle, with comparable mileage, from the same
				  manufacturer, distributor, or converter's product line and the same model year
				  or newer as the motor vehicle to be replaced or as reasonably equivalent to the
				  motor vehicle to be replaced.
(3)
				  Lemon law--Refers to Occupations Code, Chapter 2301, Subchapter M
				  (§§2301.601-2301.613).
(4) Warranty performance--Refers to
				  Occupations Code, §
											2301.204.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter G - LEMON LAW AND WARRANTY PERFORMANCE CLAIMS › Section 224.232 - Filing a Complaint

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  will provide information concerning the complaint procedure and a complaint
				  form to a person requesting assistance. A person may call the department or
				  visit the department website for information or to file a complaint
				  electronically.
(b) A complaint
				  alleging a violation of Occupations Code, §
										2301.204 or
				  Subchapter M, must be in writing and signed by the complainant, and:
(1) state sufficient facts to enable the
				  department and the party complained against to know the nature of the complaint
				  and the specific problems or circumstances forming the basis of the claim for
				  relief under the lemon law or warranty performance statute;
(2) provide the following information:
(A) the name, address, and telephone number
				  of the motor vehicle owner;
(B) the
				  make, model, year, and Vehicle Identification Number or VIN of the motor
				  vehicle;
(C) the type of warranty
				  coverage;
(D) the name and address
				  of the dealer or other person from whom the motor vehicle was purchased or
				  leased, including the name and address of the vehicle lessor, if
				  applicable;
(E) the original date
				  of delivery of the motor vehicle to the owner and in the case of a
				  demonstrator, the date the motor vehicle was placed into demonstrator
				  service;
(F) the motor vehicle
				  mileage at the time when:
(i) the motor
				  vehicle was purchased or leased;
(ii) problems with the motor vehicle were
				  first reported; and
(iii) the
				  complaint was filed;
(G)
				  the name of the dealer or the name of the manufacturer's, converter's, or
				  distributor's agent to whom the problems were first reported;
(H) identification of the motor vehicle's
				  existing problems and a brief description of the history of problems and
				  repairs on the motor vehicle, including:
(i)
				  the date and mileage of each repair; and
(ii) a copy of each repair order where
				  possible;
(I) the date
				  the motor vehicle manufacturer, distributor, or converter first received
				  written notice of the alleged defect or nonconformity;
(J) the date and results of the motor vehicle
				  inspection, if the motor vehicle was inspected by the manufacturer,
				  distributor, or converter; and
(K)
				  any other information the complainant deems relevant to the
				  complaint.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter G - LEMON LAW AND WARRANTY PERFORMANCE CLAIMS › Section 224.234 - Complaint Review

Current through Reg. 49, No. 28; July 12, 2024
(a) A case advisor
				  will review a complaint to determine if the department has jurisdiction to
				  consider the complaint and whether the complaint meets the minimum statutory
				  requirements for a lemon law or a warranty performance complaint.
(b) If a case advisor cannot determine if the
				  department has jurisdiction or whether a complaint meets the lemon law or
				  warranty performance minimum statutory requirements, the case advisor will
				  contact the complainant for additional information.
(c) The case advisor will notify the
				  complainant if the department does not have jurisdiction over the
				  complaint.
(d) If a case advisor
				  determines that the department has jurisdiction and the complaint meets the
				  minimum lemon law or warranty performance requirements, the complaint will be
				  processed in accordance with this subchapter.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter G - LEMON LAW AND WARRANTY PERFORMANCE CLAIMS › Section 224.236 - Notification to Manufacturer, Distributor, or Convertor

Current through Reg. 49, No. 28; July 12, 2024
(a) Once a case advisor determines that a
				  complaint meets the minimum statutory requirements the case advisor will:
(1) notify the appropriate manufacturer,
				  distributor, or converter of the complaint and request a response;
				  and
(2) provide a copy of the
				  complaint to the selling dealer and any other dealer involved with the
				  complaint and may request a response.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter G - LEMON LAW AND WARRANTY PERFORMANCE CLAIMS › Section 224.238 - Mediation; Settlement or Referral for Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) A case advisor will attempt to settle or
				  resolve a lemon law or warranty performance complaint through nonbinding
				  mediation before a hearing on the complaint is scheduled.
(b) The parties must participate in the
				  nonbinding mediation process in good faith.
(c) In a case filed under Occupations Code,
				  §
										2301.204 or
				  §§2301.601-2301.613, a case advisor shall qualify for appointment as
				  an impartial third party in accordance with Civil Practice and Remedies Code,
				  Chapter 154.
(d) If the parties
				  cannot resolve the complaint, a case advisor will refer the complaint for a
				  hearing with a hearings examiner.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter G - LEMON LAW AND WARRANTY PERFORMANCE CLAIMS › Section 224.240 - Notice of Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) Each party is
				  entitled to an opportunity for a hearing, in accordance with Government Code,
				  §
										2001.051.
(b) A notice of hearing in a contested case
				  shall comply with the requirements of Government Code, §2001.052(a) and
				  the department shall serve the notice upon the parties by certified mail,
				  return receipt requested to the last known address of a party or the party's
				  authorized representative in accordance with Occupations Code, §
										2301.705.
(c) The last known address of a party is the
				  last mailing address provided to the department.
(d) A notice of hearing in a contested case
				  may be amended in accordance with Government Code, §
										2001.052(b).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter G - LEMON LAW AND WARRANTY PERFORMANCE CLAIMS › Section 224.242 - Motions

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless made during a contested case
				  hearing, each motion in a contested case shall be in writing and shall state:
(1) the relief sought; and
(2) the specific reasons and grounds for the
				  relief requested.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter G - LEMON LAW AND WARRANTY PERFORMANCE CLAIMS › Section 224.244 - Service of Documents

Current through Reg. 49, No. 28; July 12, 2024
(a) A copy of each
				  document filed in a contested case shall be served upon all parties or their
				  authorized representatives by sending a copy properly addressed to each party
				  by:
(1) first-class mail; or
(2) email.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter G - LEMON LAW AND WARRANTY PERFORMANCE CLAIMS › Section 224.246 - Presiding Official

Current through Reg. 49, No. 28; July 12, 2024
(a) Hearings
				  examiner. A hearings examiner will preside over a hearing for a lemon law or
				  warranty performance complaint.
(b)
				  Powers and duties. A hearings examiner shall conduct fair hearings and shall
				  take all necessary action to administer the disposition of contested cases. A
				  hearings examiner's powers include, but are not limited to the authority to:
(1) administer oaths;
(2) examine witnesses;
(3) rule upon the admissibility of
				  evidence;
(4) rule upon motions;
				  and
(5) regulate the course of the
				  contested case hearing and the conduct of the parties and their authorized
				  representative.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter G - LEMON LAW AND WARRANTY PERFORMANCE CLAIMS › Section 224.248 - Hearing Continuance

Current through Reg. 49, No. 28; July 12, 2024
(a) A continuance of
				  the contested case hearing will be granted by the hearings examiner only upon a
				  showing of good cause.
(b) A motion
				  for continuance of a contested case hearing shall be filed and served on all
				  parties at least five days before the hearing date, except when good cause is
				  shown to consider a motion for continuance filed after the deadline.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter G - LEMON LAW AND WARRANTY PERFORMANCE CLAIMS › Section 224.250 - Conduct of Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) Each party in a
				  contested case shall have the right to notice, cross examination, present
				  evidence, object, make a motion or argument, and all other rights essential to
				  a fair contested case hearing. Except as provided by this chapter or in the
				  notice of hearing, the TCRP as applied to non-jury civil cases shall be
				  applicable to hearings in contested cases as far as reasonably
				  practical.
(b) Parties,
				  representatives, and other participants in a contested case shall:
(1) conduct themselves with
				  dignity;
(2) show courtesy and
				  respect for one another and the hearings examiner;
(3) follow any additional guidelines of
				  decorum prescribed by the hearings examiner; and
(4) adhere to the time
				  schedule.