Current through Reg. 49, No. 38; September 20, 2024
(a) The department may file a Notice of
Department Decision against a license holder alleging a violation of an
advertising provision pursuant to Occupations Code, §
2301.203, provided
the department can show:
(1) that the license
holder who allegedly violated an advertising provision has received from the
department a notice of an opportunity to cure the violation by certified mail,
return receipt requested, in compliance with subsection (b) of this section;
and
(2) that the license holder
committed a subsequent violation of the same advertising provision.
(b) An effective notice of an
opportunity to cure issued under subsection (a)(1) of this section must:
(1) state that the department has reason to
believe that the license holder violated an advertising provision and must
identify the provision;
(2) set
forth the facts upon which the department bases its allegation of a violation;
and
(3) state that if the license
holder commits a subsequent violation of the same advertising provision, the
department will file a Notice of Department Decision under §224.56 of this
title (relating to Notice of Department Decision).
(c) As a part of the cure procedure, the
department may require a license holder who allegedly violated an advertising
provision to publish a retraction notice to effect an adequate cure of the
alleged violation. A retraction notice must:
(1) appear in a newspaper of general
circulation in the area in which the alleged violation occurred;
(2) appear in the portion of the newspaper
devoted to motor vehicle advertising, if any;
(3) identify the date and the medium of
publication, print, electronic, or other, in which the advertising alleged to
be a violation appeared; and
(4)
identify the alleged violation of the advertising provision and contain a
statement of correction.
(d) A cure is made solely for the purpose of
settling an allegation and is not an admission of a violation of these rules;
Occupations Code, Chapter 2301; or other law.
