| (a) The provisions of this section are not applicable
to an application filed with the department for a franchised dealer's
license as a result of the purchase or transfer of an existing entity
holding a current franchised dealer's license that does not involve
a physical relocation of the purchased or transferred line-makes.
(b) Upon receipt of an application for a franchised
dealer's license, including an application filed with the department
by reason of the relocation of an existing dealership, the department
shall give notice of the filing of the application to each franchised
dealer that may have standing to protest the application. The department
shall send notice electronically and by certified mail, return receipt
requested, to the email address and mailing address in the franchised
dealer's license record.
(c) If it appears to the department that there are
no franchised dealers with standing to protest, then no notice shall
be given.
(d) A person holding a franchised dealer's license
for the sale of the same line-make of a new motor vehicle as proposed
for sale in the subject application and that has standing to protest
the application may file with the department a notice of protest opposing
the granting of a license by timely filing a protest electronically
in the licensing system designated by the department and paying the
required fee.
(e) A franchised dealer that wishes to protest the
application shall give notice in accordance with Occupations Code,
Chapter 2301.
(1) The notice of protest must be in writing and shall
be signed by an authorized officer or other official authorized to
sign on behalf of the protesting dealer filing the notice.
(2) The notice of protest must state the statutory
basis upon which the protest is made and assert how the protesting
dealer meets the standing requirements under §215.119 of this
title (relating to Standing to Protest) to protest the application.
(3) The notice of protest must state that the protest
is not made for purposes of delay or for any other purpose except
for justifiable cause.
(4) If a protest is filed against an application for
the establishment of a dealership or for addition of a line-make at
an existing dealership, the notice of protest must state under which
provision of Occupations Code, Chapter 2301 the protest is made.
|
| Source Note: The provisions of this §215.105 adopted to be effective February 11, 2010, 35 TexReg 883; amended to be effective January 6, 2013, 37 TexReg 10255; amended to be effective February 13, 2017, 42 TexReg 571; amended to be effective June 1, 2024, 49 TexReg 2704 |
