Texas Administrative Code
Title 43 - TRANSPORTATION
Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES
Chapter 215 - MOTOR VEHICLE DISTRIBUTION
Subchapter C - FRANCHISED DEALERS, MANUFACTURERS, DISTRIBUTORS, AND CONVERTERS
Section 215.121 - Sanctions
Universal Citation: 43 TX Admin Code ยง 215.121
Current through Reg. 49, No. 38; September 20, 2024
(a) The board or department may take the following actions against a license applicant, a license holder, or a person engaged in business for which a license is required:
(1) deny an application;
(2) revoke a license;
(3) suspend a license;
(4) assess a civil penalty;
(5) issue a cease and desist order;
or
(6) take other authorized
action.
(b) The board or department may take action described in subsection (a) of this section if a license applicant, a license holder, or a person engaged in business for which a license is required:
(1) fails to maintain
records required under this chapter;
(2) refuses or fails within 15 days to comply
with a request for records made by a representative of the
department;
(3) sells or offers to
sell a motor vehicle to a retail purchaser other than through a licensed or
authorized dealer;
(4) fails to
submit a license amendment application in the electronic licensing system
designated by the department to notify the department of a change of the
license holder's physical address, mailing address, telephone number, or email
address within 10 days of the change;
(5) fails to timely submit a license
amendment application in the electronic licensing system designated by the
department to notify the department of a license holder's business or assumed
name change, deletion of a line-make, or management or ownership
change;
(6) fails to notify the
department or pay or reimburse a franchised dealer as required by
law;
(7) misuses or fails to
display a license plate as required by law;
(8) is a manufacturer or distributor and
fails to provide a manufacturer's certificate for a new vehicle;
(9) fails to remain regularly and actively
engaged in the business of manufacturing, assembling, or modifying a new motor
vehicle of the type and line make for which a license has been issued by the
department;
(10) violates a
provision of Occupations Code, Chapter 2301; Transportation Code Chapters
501-503 or 1001-1005; a board order or rule; or a regulation of the department
relating to the manufacture, assembly, sale, lease, distribution, financing, or
insuring of vehicles, including advertising rules under Subchapter F of this
chapter (relating to Advertising);
(11) is convicted of an offense that directly
relates to the duties or responsibilities of the occupation in accordance with
§
211.3 of this title (relating to
Criminal Offense Guidelines);
(12)
is determined by the board or department, in accordance with §
215.89 of this title (relating to
Fitness), to be unfit to hold a license;
(13) omits information or makes a material
misrepresentation in any application or other documentation filed with the
department including providing a false or forged identity document or a false
or forged photograph, electronic image, or other document;
(14) fails to remit payment as ordered for a
civil penalty assessed by the board or department;
(15) violates any state or federal law or
regulation relating to the manufacture, distribution, modification, or sale of
a motor vehicle;
(16) fails to
issue a refund as ordered by the board or department; or
(17) fails to participate in statutorily
required mediation without good cause.
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