reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 221 - SALVAGE VEHICLE DEALERS › Subchapter D - RECORDS › Section 221.71 - Records; Generally

Current through Reg. 49, No. 28; July 12, 2024
(a) A salvage
				  vehicle dealer shall maintain a record of each salvage motor vehicle and
				  nonrepairable motor vehicle purchased, sold, or exchanged by the salvage
				  vehicle dealer.
(b) A salvage
				  vehicle dealer's records must be maintained at the licensed business
				  location.
(c) Any records required
				  to be maintained by a license holder may be maintained in an electronic format
				  if the record can be reviewed and printed at the licensed business location or
				  provided electronically upon request of the department.
(d) A salvage vehicle dealer must make
				  records available for review and copying upon request by the department. The
				  department may request records in person, by mail, or electronically from a
				  department email or a department-designated system.
(e) A salvage vehicle dealer must provide
				  copies of requested records to the department within 15 days of receipt of the
				  request.
(f) Occupations Code,
				  §
										2302.254,
				  establishes the requirements that a salvage vehicle dealer maintain a record of
				  an inventory of component parts purchased by or delivered to the salvage
				  vehicle dealer.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 221 - SALVAGE VEHICLE DEALERS › Subchapter D - RECORDS › Section 221.72 - Record Retention

Current through Reg. 49, No. 28; July 12, 2024
(a) A salvage
				  vehicle dealer must retain at the licensed business location, or have
				  electronic access at the licensed business location of records stored
				  electronically, a complete record of all purchases and sales of salvage motor
				  vehicles and nonrepairable motor vehicles for a minimum period of 36 months
				  from the date of the transaction.
(b) A salvage vehicle dealer shall maintain
				  at the licensed business location a record of each vehicle that is dismantled,
				  scrapped or destroyed, and a photocopy of the front and back of all salvage
				  vehicle titles and nonrepairable vehicle titles, or a photocopy or electronic
				  copy of all salvage records of title, and nonrepairable records of title, and,
				  if applicable, a photocopy of any out-of-state evidence of ownership
				  surrendered to the department, until the third anniversary of the date the
				  report was acknowledged as received by the department.
(c) A salvage vehicle dealer utilizing the
				  department's web-based title application known as webDEALER, as defined in
				  §
										217.71 of this title (relating to
				  Automated and Web-Based Vehicle Registration and Title Systems), must comply
				  with §
										217.74 of this title (relating to
				  Access to and Use of webDEALER). Original hard copy titles are not required to
				  be kept at the licensed business location but must be made available to the
				  department upon request.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 221 - SALVAGE VEHICLE DEALERS › Subchapter D - RECORDS › Section 221.73 - Content of Records

Current through Reg. 49, No. 28; July 12, 2024
(a) The records of a
				  salvage vehicle dealer for purchases and sales shall include:
(1) the date the license holder purchased the
				  salvage motor vehicle, or nonrepairable motor vehicle;
(2) the name and address of the person who
				  sold the salvage motor vehicle or nonrepairable motor vehicle to the salvage
				  vehicle dealer;
(3) if the person
				  is not an insurance company or a license holder, a photocopy of the photo
				  identification document of the person who purchased the salvage motor vehicle
				  or nonrepairable motor vehicle from the salvage vehicle dealer or sold the
				  salvage motor vehicle or nonrepairable motor vehicle to the salvage vehicle
				  dealer;
(4) a description of the
				  salvage motor vehicle or nonrepairable motor vehicle, including the model,
				  year, make, and vehicle identification number, if applicable;
(5) the ownership document number and state
				  of issuance of the salvage motor vehicle or nonrepairable motor vehicle
				  ownership document, if applicable;
(6) a copy of the salvage record of title or
				  nonrepairable record of title, if applicable, or a copy of the front and back
				  of the ownership document for the salvage motor vehicle or nonrepairable motor
				  vehicle;
(7) a copy of the form if
				  the ownership document has been surrendered to the department;
(8) any evidence indicating that the motor
				  vehicle was dismantled, scrapped, or destroyed;
(9) the sales contract or buyer's
				  order;
(10) the salvage disclosure
				  notice required under §
											221.51 of this title (relating to
				  Duty to Identify a Motor Vehicle Offered for Sale);
(11) a copy of the photo identification
				  document required for export sales under §221.52 (relating to Export-Only
				  Sales);
(12) records for a casual
				  sale as required under §221.53 (relating to Casual Sales); and
(13) any other records required under current
				  rules in this title.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 221 - SALVAGE VEHICLE DEALERS › Subchapter F - ADMINISTRATIVE SANCTIONS › Section 221.111 - Denial of License

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  may deny an application for a new license or an application for a license
				  renewal under Occupations Code Chapter 53 or Chapter 2302, and §
										211.3 of this title (relating to
				  Criminal Offense Guidelines) or this chapter, if:
(1) all the information required on the
				  application is not complete;
(2)
				  the applicant or any owner, officer, director, or other person described in
				  §
											211.2 of this title (relating to
				  Application of Subchapter) made a false statement, material misrepresentation,
				  or a material omission, on the application to issue, renew, or amend a
				  license;
(3) the applicant, or any
				  owner, officer, director, or other person described in §
											211.2 of this title, has been
				  convicted, or considered convicted under Occupations Code §
											53.021(d),
				  by any local, state, federal, or foreign authority, of an offense that directly
				  relates to the duties or responsibilities of the licensed occupation as
				  described in §
											211.3 of this title or is
				  convicted of an offense that is independently disqualifying under Occupations
				  Code §
											53.021;
(4) the applicant's or any owner's,
				  officer's, director's, or other person described in §
											211.2 of this title, previous
				  license was revoked;
(5) the
				  applicant has an ownership, organizational, managerial, or other business
				  arrangement that would allow a person the power to direct, management,
				  policies, or activities, of the applicant or license holder, whether directly
				  or indirectly, who has been subject to disciplinary action, including
				  suspension, revocation, denial, corrective action, cease and desist order, or
				  assessment of a civil penalty, administrative fine, or similar assessment for a
				  current or previous license, permit, or other authorization issued by any
				  local, state, or federal regulatory authority; or
(6) the applicant, or any owner, officer, or
				  director, or other person described in §
											211.2 of this title whose current
				  or previous license, permit, or other authorization issued by any local, state,
				  or federal regulatory authority has been subject to disciplinary action,
				  including suspension, revocation, denial, corrective action, cease and desist
				  order, or assessment of a civil penalty, administrative fine, fee, or similar
				  assessment.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 221 - SALVAGE VEHICLE DEALERS › Subchapter F - ADMINISTRATIVE SANCTIONS › Section 221.115 - Refund of Fees

Current through Reg. 49, No. 28; July 12, 2024
In the absence of director approval, the department will
					 not refund a fee paid by a license applicant or a license holder if:
(1) the application or license is withdrawn,
				  denied, suspended, or revoked; or
(2) the license applicant or license holder
				  is subject to an unpaid civil penalty imposed against the license applicant or
				  license holder by a final order.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 223 - COMPLIANCE AND INVESTIGATIONS DIVISION › Subchapter A - FRAUD, WASTE, OR ABUSE › Section 223.1 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of
				  this subchapter is to establish procedures for county tax assessor-collectors
				  to report suspected fraud, waste, or abuse to the department.
(b) This subchapter applies to a county tax
				  assessor-collector, an employee of a county tax assessor-collector, or a
				  deputy, who wishes to report suspected fraud, waste, or abuse to the Texas
				  Department of Motor Vehicles.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 223 - COMPLIANCE AND INVESTIGATIONS DIVISION › Subchapter A - FRAUD, WASTE, OR ABUSE › Section 223.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
(a) The words and terms defined in
				  Transportation Code, Chapter 501, have the same meaning when used in this
				  chapter, except as otherwise provided by this chapter, unless the context
				  clearly indicates otherwise.
(b)
				  The following words and terms, when used in this chapter, shall have the
				  following meanings, unless the context clearly indicates otherwise:
(1) CID--the Compliance and Investigations
				  Division of the Texas Department of Motor Vehicles.
(2) County tax assessor-collector--includes
				  an employee of a county tax assessor-collector.
(3) Deputy--a full service deputy under
				  Chapter 217, Subchapter H.
(4)
				  Director--the director of the Compliance and Investigations Division.
(5) RTS--the Texas Department of Motor
				  Vehicle's registration and title system.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 223 - COMPLIANCE AND INVESTIGATIONS DIVISION › Subchapter A - FRAUD, WASTE, OR ABUSE › Section 223.3 - Submission of Request

Current through Reg. 49, No. 28; July 12, 2024
(a) A county tax
				  assessor-collector who suspects possible fraud, waste, or abuse by an employee,
				  motor vehicle dealer, deputy, or any person transacting motor vehicle-related
				  business for or with the county may submit a request to the CID for review and
				  possible investigation. The CID may forward a submission to an appropriate law
				  enforcement entity.
(b) To submit a
				  request to the CID for review and possible investigation, the county tax
				  assessor-collector must:
(1) request a
				  rejection of the suspected transaction through a department regional service
				  center; and
(2) mail or e-mail the
				  following documents and information, as applicable, to the CID in an envelope
				  or e-mail message marked "Red Flag":
(A) the
				  original transaction;
(B) a
				  detailed narrative, including:
(i) a contact
				  with the tax assessor-collector, including email address and phone
				  number;
(ii) the name of the
				  employee submitting the transaction to the CID;
(iii) a statement as to why the transaction
				  was flagged;
(iv) information about
				  the employee or deputy if the employee or deputy is suspected of committing
				  fraud, waste, or abuse;
(v) any
				  statements made by the customer submitting the transaction;
(C) any available video
				  surveillance footage; and
(D) any
				  other relevant evidence or information pertaining to the transaction.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 223 - COMPLIANCE AND INVESTIGATIONS DIVISION › Subchapter B - RISK-BASED MONITORING AND PREVENTING FRAUDULENT ACTIVITY › Section 223.101 - External Risk-Based Monitoring System

Current through Reg. 49, No. 28; July 12, 2024
The department's Compliance and Investigations Division
					 shall establish a risk-based system of monitoring and preventing fraudulent
					 activity related to vehicle registration and titling in order to efficiently
					 allocate resources and personnel, including:
(1) establishing a risk-based system of
				  monitoring counties and their contractors, including procedures to notify
				  county tax assessor-collectors concerning routine and periodic review and
				  disclosure procedures concerning possible fraudulent activity;
(2) developing criteria to determine varying
				  risk levels for the department's fraud monitoring functions to strategically
				  allocate resources and personnel;
(3) reviewing the department's methods for
				  collecting and evaluating related information, including the viability of
				  incorporating more remote transaction review practices to supplement periodic,
				  but less frequent, on-site visits to counties;
(4) notifying a tax assessor-collector of
				  possible fraudulent activity in the tax assessor-collector's office as
				  authorized by law enforcement; and
(5) developing and providing training to
				  fraud investigations staff.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter A - GENERAL PROVISIONS › Section 224.1 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
This subchapter describes the procedures by which the
					 department will adjudicate a contested case arising under Occupations Code,
					 Chapters 2301 or 2302, or Transportation Code, Chapters 502, 503, 621-623, 643,
					 645, or 1001-1005, consistent with the requirements of Government Code, Chapter
					 2001. Unless expressly excluded or limited, this subchapter applies to every
					 contested case in which the department has jurisdiction.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter A - GENERAL PROVISIONS › Section 224.5 - Prohibited Communication

Current through Reg. 49, No. 28; July 12, 2024
(a) No person,
				  party, attorney of record, or authorized representative in any contested case
				  shall violate Government Code, §
										2001.061 by directly
				  or indirectly engaging in ex parte communication concerning a contested case
				  with an ALJ, board member, board delegate, or a hearings examiner assigned to
				  render a decision or make findings of fact and conclusions of law in a
				  contested case.
(b) Unless
				  prohibited by Government Code, §
										2001.061, department
				  staff who did not participate in the hearing may advise a board member, a board
				  delegate, or a hearings examiner, regarding a contested case and any procedural
				  matters.
(c) Department staff shall
				  not recommend a final decision to the board unless the department is a party to
				  the contested case.
(d) A violation
				  of this section shall be promptly reported to the board chair or chief hearings
				  examiner, as applicable, and the general counsel of the department.
(e) The general counsel shall ensure that a
				  copy or summary of the ex parte communication is included with the record of
				  the contested case and that a copy is forwarded to all parties or their
				  authorized representatives.
(f) The
				  general counsel may take any other appropriate action otherwise provided by
				  law.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter A - GENERAL PROVISIONS › Section 224.7 - Appearance

Current through Reg. 49, No. 28; July 12, 2024
(a) General. Any party to a contested case
				  may appear in person or by an authorized representative. An authorized
				  representative may be required to show authority to represent a
				  party.
(b) Appearance by authorized
				  representative. An authorized representative who has not entered an appearance
				  as a matter of record in a contested case shall enter an appearance by filing
				  with the department appropriate documentation that contains the
				  representative's mailing address, email address, and telephone number. If the
				  authorized representative's authority is challenged, the representative must
				  show authority to appear as the party's representative.
(c) Attorney in charge. When more than one
				  attorney makes an appearance in a contested case on behalf of a party, the
				  attorney whose signature appears first on the initial document filed in the
				  contested case shall be the attorney in charge for that party unless another
				  attorney is specifically designated in writing. All communication sent by the
				  department or other party regarding the contested case shall be sent to the
				  attorney in charge unless otherwise requested by a party.
(d) Intervention. Any public official or
				  other person having an interest in a contested case may, upon request to the
				  ALJ or hearings examiner, be allowed to intervene. A person requesting to
				  intervene in a contested case may be required to disclose that person's
				  interest in the contested case before permission to intervene will be
				  granted.
(e) A person may be
				  invited to participate in a contested case mediation if all parties and the
				  mediator agree that the person's participation will facilitate understanding
				  and resolution of the contested case. However, an invited person who is not a
				  party is not required to participate in a mediation.
(f) This rule does not allow a person to
				  engage in the unauthorized practice of law.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter A - GENERAL PROVISIONS › Section 224.9 - Computing Time

Current through Reg. 49, No. 28; July 12, 2024
(a) General. Any
				  time period prescribed or allowed by this chapter, by order of the board, or by
				  any applicable statute shall be computed in accordance with Government Code,
				  §
										311.014.
(b) Application of this section. This section
				  applies, unless another method is required by statute, another rule in this
				  chapter, or order.
(c) Computing
				  time periods. When computing a time period under this chapter:
(1) the day of the act, event, or default
				  from which the designated time period begins to run is not counted;
				  and
(2) the last day of the time
				  period is counted, unless it is a Saturday, Sunday, or legal holiday, in which
				  case the period is extended to include the next day that is not a Saturday,
				  Sunday, or legal holiday.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter A - GENERAL PROVISIONS › Section 224.11 - Filing and Service of Documents

Current through Reg. 49, No. 28; July 12, 2024
(a) Each
				  document required or allowed to be filed with the department under this chapter
				  must be filed as required under this section and the relevant subchapter for
				  the applicable type of contested case.
(b) A copy of each document filed in a
				  contested case shall be filed or served on the same date upon:
(1) the department, and
(2) each party or the party's authorized
				  representative or attorney in charge.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter A - GENERAL PROVISIONS › Section 224.13 - Discovery

Current through Reg. 49, No. 28; July 12, 2024
(a) Party Cooperation. The parties and their
				  authorized representatives shall cooperate in discovery and shall endeavor to
				  make any agreement reasonably necessary for the efficient disposition of the
				  contested case.
(b) Discovery
				  Request. A party may request that the department issue a commission or a
				  subpoena if the parties cannot agree, or a contested case requires testimony,
				  documents, or information from a person who is not a party. A party must submit
				  a commission or subpoena request to the department's Office of General Counsel
				  for review.
(c) Commission to take
				  a deposition. Upon the written request of a party, the executive director may
				  issue a written commission directed to an officer, authorized by statute, to
				  take a deposition of a witness.
(d)
				  Subpoena to produce documents. Upon the written request of a party, the
				  executive director may issue a subpoena for the production of documents. The
				  written request must identify the documents with as much detail as possible and
				  must include a statement of their relevance to the issues in the contested
				  case.
(e) Subpoena for attendance
				  at a hearing or a deposition. Upon the written request of a party, the
				  executive director may issue a subpoena for the attendance of a witness at a
				  hearing or a deposition in a contested case. The subpoena may be directed to
				  any person without regard to the distance between the location of the witness
				  and the location of the hearing.
(f) The executive director is authorized to
				  delegate the authority to department staff to issue a subpoena and a
				  commission.
(g) Limits on
				  discovery. A commission or subpoena will only be issued on a showing of good
				  cause and receipt of a deposit sufficient to ensure payment of expenses and
				  fees related to the subpoena, including statutory witness fees. A commission or
				  subpoena will not be issued if it appears to be duplicative, dilatory, sought
				  for the purpose of harassment, or if it would unduly inconvenience the person
				  to whom it is directed. Issuance of a commission or subpoena will be subject to
				  the provisions of Government Code, Chapter 2001, and SOAH rules.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter A - GENERAL PROVISIONS › Section 224.15 - Hearing Recording and Transcription Cost

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Except as provided by Subchapter G of this chapter (relating to Lemon Law and
				  Warranty Performance Claims), a hearing in a contested case will be transcribed
				  by a court reporter if anticipated to last longer than one day.
(b) The costs of transcribing the hearing and
				  for the preparation of an original transcript of the record for the department
				  shall be:
(1) assessed to a party requesting
				  the transcript in a contested case;
(2) shared by the parties in a contested case
				  under Subchapter C of this chapter (relating to Contested Cases Between Motor
				  Vehicle Industry License Holders or Applicants); or
(3) assessed as directed by the ALJ or
				  hearings examiner.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter A - GENERAL PROVISIONS › Section 224.17 - Consolidation of Proceedings

Current through Reg. 49, No. 28; July 12, 2024
No contested case proceedings including two or more related
					 cases or claims shall be jointly heard without the consent of all parties,
					 unless the ALJ or hearings examiner finds that justice and efficiency are
					 better served by the consolidation.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter A - GENERAL PROVISIONS › Section 224.19 - Informal Disposition

Current through Reg. 49, No. 28; July 12, 2024
(a) Notwithstanding
				  any other provision in this chapter, at any time during the contested case, the
				  final order authority may informally dispose of a contested case in whole or in
				  part by stipulation, agreement, dismissal, or consent order.
(b) If the parties have settled or otherwise
				  determined that a contested case proceeding is not required, the party who
				  initiated the contested case shall file a motion to dismiss the contested case
				  from the docket and present a proposed agreed order or dismissal order to the
				  final order authority. If the party who initiated the contested case fails to
				  file a motion to dismiss as required under this subsection, the final order
				  authority may issue a dismissal order after providing the parties with a 30-day
				  notice.
(c) A proposed agreed order
				  submitted to the final order authority by the parties must contain proposed
				  findings of fact and conclusions of law.
(d) Upon receipt of the proposed agreed
				  order, the final order authority may:
(1)
				  adopt the settlement agreement and issue a final order;
(2) reject the settlement agreement and
				  remand the contested case for a hearing; or
(3) take other action that the final order
				  authority finds just.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter A - GENERAL PROVISIONS › Section 224.21 - Waiver of Hearing

Current through Reg. 49, No. 28; July 12, 2024
After the department issues a notice of hearing in a
					 contested case, a party may waive a hearing and consent to an agreed order. An
					 agreed order proposed by the parties is subject to the approval of the final
					 order authority.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter A - GENERAL PROVISIONS › Section 224.23 - Hearings to be Public

Current through Reg. 49, No. 28; July 12, 2024
A hearing in a contested case shall be open to the
					 public.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter A - GENERAL PROVISIONS › Section 224.25 - Extension of Time

Current through Reg. 49, No. 28; July 12, 2024
(a) The final order
				  authority may not extend the time for filing a document when a statute or rule
				  specifies the time period by which a document must be filed with the
				  department.
(b) When an act is
				  discretionary or allowed to be done at or within a specified time in accordance
				  with this chapter and Government Code, Chapter 2001, the final order authority,
				  with good cause shown, may:
(1) order the
				  specific period extended if the extension is requested before the expiration of
				  the period previously specified; or
(2) allow the act to be done after the
				  expiration of the specified period, provided good cause is shown for the
				  failure to act.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter A - GENERAL PROVISIONS › Section 224.27 - Final Order; Motion for Rehearing

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  provisions of Government Code, Chapter 2001, Subchapter F, govern the issuance
				  of a final order issued under this subchapter and a motion for rehearing filed
				  in response to a final order.
(b)
				  Except as provided by subsection (c) of this section and §224.29 of this
				  title (relating to Delegation of Final Order Authority), the board has final
				  order authority in a contested case filed under Occupations Code, Chapters 2301
				  or 2302, or under Transportation Code, Chapters 502, 503, 621-623, 643, 645,
				  and 1001-1005.
(c) The hearings
				  examiner has final order authority in a contested case filed under Occupations
				  Code, §
										2301.204 or
				  Occupations Code Chapter 2301, Subchapter M.
(d) A department determination and action
				  denying access to the temporary tag database becomes final within 26 days of
				  the date of the notice denying access to a database, unless the dealer or
				  converter:
(1) requests a hearing regarding
				  the denial of access, or
(2) enters
				  into a settlement agreement with the department.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter A - GENERAL PROVISIONS › Section 224.29 - Delegation of Final Order Authority

Current through Reg. 49, No. 28; July 12, 2024
(a) In
				  accordance with Occupations Code, §
										2301.154(c)
				  and Transportation Code, §
										1003.005(b),
				  except as provided by subsection (b) of this section, the director of the
				  division that regulates the distribution and sale of motor vehicles is
				  authorized to issue, where there has not been a decision on the merits, a final
				  order in a contested case under Subchapters B and C, including, but not limited
				  to a contested case resolved:
(1) by
				  settlement;
(2) by agreed
				  order;
(3) by withdrawal of the
				  complaint;
(4) by withdrawal of a
				  protest;
(5) by dismissal for want
				  of prosecution including:
(A) failure of a
				  complaining or protesting party to participate in scheduling mediation or to
				  appear at mediation as required under Subchapter C of this chapter (relating to
				  Contested Cases Between Motor Vehicle Industry License Holders or
				  Applicants);
(B) failure of a
				  complaining or protesting party to respond to department requests for
				  information or scheduling matters;
(C) failure of a complaining or protesting
				  party to dismiss a contested case that has been resolved by the
				  parties;
(6) by dismissal
				  for want of jurisdiction;
(7) by
				  summary judgment or summary disposition;
(8) by default judgment; or
(9) when a party waives opportunity for a
				  contested case hearing.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter A - GENERAL PROVISIONS › Section 224.31 - Cost of Record on Appeal

Current through Reg. 49, No. 28; July 12, 2024
(a) If a final
				  decision in a contested case is appealed and the department is required to
				  transmit to the court the original or a certified copy of the administrative
				  record, or any part thereof, the appealing party shall pay the costs of
				  preparation of the record, unless waived by the department in whole or in
				  part.
(b) A charge imposed as
				  provided by this section is a court cost and may be assessed by the court in
				  accordance with the TRCP.
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 224.50 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
This subchapter, and Subchapters A, E, and F, describe the
					 procedures by which the department will adjudicate alleged violations of
					 Occupations Code, Chapter 2301 and 2302, and Transportation Code, Chapter 503
					 brought by the department against a license applicant, license holder, or
					 unlicensed person engaging in an activity or business that requires a license
					 under these statutes.
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 224.54 - Civil Penalty and Revocation Assessment

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Occupations Code, §2301.801 and §2302.354, and Transportation Code,
				  §503.095 govern the amount of a civil penalty that may be assessed by the
				  department against a license holder.
(b) In determining the amount of civil
				  penalty to assess the department will consider the following aggravating
				  factors:
(1) the seriousness of the violation,
				  including the nature, circumstances, extent, and gravity of any prohibited act,
				  and the harm or potential harm to the safety of the public;
(2) the economic damage to the public caused
				  by the violation;
(3) any history
				  of previous violations including whether the license holder previously entered
				  into an agreed order with the department or otherwise received a warning or
				  reduced penalty;
(4) the amount
				  necessary to deter a future violation; and
(5) any other matter that justice may
				  require, including:
(A) the number of
				  violations or number of consumers harmed by violation(s);
(B) whether the consumer received a
				  title;
(C) whether the license
				  holder misused license plates or temporary tags;
(D) whether the license holder attempted to
				  conceal a violation;
(E) whether
				  the act constituting the violation was intentional, premeditated, knowing, or
				  grossly negligent; and
(F) whether
				  an order issued by the department was violated.
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 224.56 - Notice of Department Decision

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  department shall issue a Notice of Department Decision to a license applicant,
				  license holder, or other person by certified mail, return receipt requested, to
				  the last known address and email address upon a determination under Occupations
				  Code, Chapters 2301 and 2302 or Transportation Code, Chapter 503 that:
(1) an application for a license should be
				  denied; or
(2) an administrative
				  sanction should be imposed.
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 224.58 - Denial of Dealer or Converter Access to Temporary Tag System

Current through Reg. 49, No. 28; July 12, 2024
(a) In this section "fraudulently obtained
				  temporary tags from the temporary tag database" means misuse by a dealer or
				  converter account user of the temporary tag database authorized under
				  Transportation Code, §
										503.0626 or
				  §
										503.0631 to
				  obtain:
(1) an excessive number of temporary
				  tags relative to dealer sales;
(2)
				  temporary tags for a vehicle or vehicles not in the dealer's or converter's
				  inventory (a vehicle is presumed not to be in the dealer's or converter's
				  inventory if the vehicle is not listed in the relevant monthly Vehicle
				  Inventory Tax Statement);
(3)
				  access to the temporary tag database for a fictitious user or person using a
				  false identity;
(4) temporary tags
				  for a vehicle or a motor vehicle when a dealer is no longer operating at a
				  licensed location; or
(5) temporary
				  tags issued for a vehicle or a motor vehicle not located at a licensed location
				  or a storage lot.
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 224.60 - Filing and Service 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 electronically in a
					 department-designated system or according to written instructions provided by
					 the department.
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 224.62 - Referral to SOAH

Current through Reg. 49, No. 28; July 12, 2024
(a) If the
				  department receives a timely request for a hearing and the parties are unable
				  to informally resolve or dispose of the contested case, the department will
				  refer the contested case to SOAH by filing a Request to Docket form and related
				  documents as required under SOAH rules.
(b) When SOAH accepts the department's
				  request to docket a contested case, jurisdiction transfers to SOAH.
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 224.64 - Notice of Hearing

Current through Reg. 49, No. 28; July 12, 2024
Once SOAH provides the department with the initial hearing
					 date, time, and place, the department shall notify the parties. 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 C - CONTESTED CASES BETWEEN MOTOR VEHICLE INDUSTRY LICENSE HOLDERS OR APPLICANTS › Section 224.80 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
This subchapter, and Subchapters A, E, and F of this
					 chapter describe the procedures by which the department will adjudicate a
					 protest or complaint filed by a license holder against another license holder
					 or license applicant under Occupations Code, Chapter 2301, Subchapters H, I, or
					 J.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter C - CONTESTED CASES BETWEEN MOTOR VEHICLE INDUSTRY LICENSE HOLDERS OR APPLICANTS › Section 224.82 - Form of a Protest or Complaint

Current through Reg. 49, No. 28; July 12, 2024
(a) Protest. A
				  franchised dealer that wishes to protest an application shall give notice in
				  accordance with Occupations Code, Chapter 2301. The notice of protest shall:
(1) be in writing and signed by an owner or
				  officer authorized to sign on behalf of the protesting dealer filing the
				  notice;
(2) state the statutory
				  basis upon which the protest is made;
(3) assert how the protesting dealer meets
				  the standing requirements under §
											215.119 of this title (relating to
				  Standing to Protest) to protest the application;
(4) include the notice of opportunity to
				  protest sent to the dealer; and
(5)
				  state that the protest is not made for purposes of delay or for any other
				  purpose except for justifiable cause.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter C - CONTESTED CASES BETWEEN MOTOR VEHICLE INDUSTRY LICENSE HOLDERS OR APPLICANTS › Section 224.84 - Filing and Service of a Protest, Complaint, or Other Document

Current through Reg. 49, No. 28; July 12, 2024
(a) A party must file and serve a complaint,
				  protest, or other document required or allowed to be filed with the department
				  under this subchapter electronically in the department-designated licensing
				  system, and include a Certification of Responsibility, a form provided by the
				  department.
(b) Once a docket
				  number has been assigned to a contested case by either the department or SOAH,
				  a party must include all assigned docket numbers on a pleading, motion,
				  correspondence, or other document filed in the contested case.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter C - CONTESTED CASES BETWEEN MOTOR VEHICLE INDUSTRY LICENSE HOLDERS OR APPLICANTS › Section 224.86 - Review of a Protest or Complaint

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  department will review a protest or complaint to determine whether:
(1) a hearing is appropriate under
				  Occupations Code, Chapter 2301; Transportation Code, Chapter 503; or Board
				  rule; and
(2) the protest or
				  hearing document meets minimum requirements.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter C - CONTESTED CASES BETWEEN MOTOR VEHICLE INDUSTRY LICENSE HOLDERS OR APPLICANTS › Section 224.88 - Docketing and Notice of a Protest or Complaint

Current through Reg. 49, No. 28; July 12, 2024
(a) If a protest or complaint meets minimum
				  requirements, the department will docket the contested case and assign a docket
				  number.
(b) The department will
				  notify the contested case parties that a statutory stay under Occupations Code,
				  §
										2301.803 is in
				  effect.
(c) The department will
				  assign a department mediator and notify the contested case parties. Within
				  seven days of the department notice date, each party must either:
(1) accept the assigned department mediator;
				  or
(2) decline the assigned
				  department mediator and retain a private mediator and comply with the
				  requirements of §224.90 of this title (relating to
				  Mediation).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter C - CONTESTED CASES BETWEEN MOTOR VEHICLE INDUSTRY LICENSE HOLDERS OR APPLICANTS › Section 224.90 - Mediation

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as provided by subsection (b),
				  parties to a contested case filed under this subchapter are required to
				  participate in mediation before the department will refer a contested case to
				  SOAH for a hearing.
(b) This
				  section does not limit the parties' ability to settle a case without
				  mediation.
(c) The department will
				  provide mediation services by a staff member qualified to serve as an impartial
				  third party in accordance with Civil Practice and Remedies Code, Chapter
				  154.
(d) The mediation will
				  conclude within 60 days of the date a contested case is assigned to a
				  department mediator, unless the mediation deadline is extended. The department
				  mediator may extend the mediation deadline based on a written request by a
				  party or at the department mediator's discretion.
(e) If the parties do not agree on a
				  mediation date within 30 days, the department mediator may set a date for
				  mediation by notifying the parties in writing at least 10 days before the
				  mediation date.
(f) At the
				  discretion of the department mediator, a party may participate in scheduled
				  mediation either in person or remotely using telephonic or videoconferencing
				  technology.
(g) A party that
				  declines to use the assigned department mediator shall:
(1) confer with each contested case party;
				  and
(2) within 30 days of receiving
				  notice from the department under §224.88 of this title (relating to
				  Docketing and Notice of a Protest or Complaint), file with the department a
				  joint notice of intent to retain a private mediator.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter C - CONTESTED CASES BETWEEN MOTOR VEHICLE INDUSTRY LICENSE HOLDERS OR APPLICANTS › Section 224.92 - Referral to SOAH

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  will refer to SOAH unresolved contested case issues by filing all forms and
				  documents that are required under SOAH rules to docket a case.
(b) When SOAH accepts the department's
				  request to docket, jurisdiction of the contested case transfers to
				  SOAH.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter C - CONTESTED CASES BETWEEN MOTOR VEHICLE INDUSTRY LICENSE HOLDERS OR APPLICANTS › Section 224.94 - 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 Occupations Code, §
										2301.705, Government
				  Code, Chapter 2001, and 1 TAC §
										155.401.
(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 D - MOTOR CARRIER AND OVERSIZE OR OVERWEIGHT VEHICLE OR LOAD ENFORCEMENT › Section 224.110 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
This subchapter and Subchapters A, E, and F of this chapter
					 describe the procedures by which the department will adjudicate alleged
					 violations and claims under Transportation Code, Chapters 502, 621-623, 643,
					 and 645. These contested cases involve registrants under the International
					 Registration Plan, motor carriers, motor carrier leasing businesses, motor
					 transportation brokers, and household goods carriers. Contested cases involving
					 persons operating oversize or overweight vehicles or moving oversize or
					 overweight loads are also included.
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 224.112 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
(a) The definitions contained in the relevant
				  Transportation Code chapter apply to the contested cases under this
				  subchapter.
(b) The definitions
				  contained in Chapter 217 of this title (relating to Vehicle Titles and
				  Registration), Chapter 218 of this title (relating to Motor Carriers), and
				  Chapter 219 of this title (relating to Oversize and Overweight Vehicles and
				  Loads) apply to the relevant contested cases 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 224.114 - Cease and Desist Order

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  may issue a cease-and-desist order to a respondent:
(1) who engages or represents itself to be
				  engaged in a motor carrier operation that is in violation of this
				  chapter;
(2) to prevent a violation
				  of Chapter 218 of this title (relating to Motor Carriers); or
(3) to protect public health and
				  safety.