| (a) The provisions of this section are not applicable
to an application filed with the department for a franchised dealer
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 new motor
vehicle 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.
(c) If it appears to the department that there are
no 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.
(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 shall 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 shall 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 shall 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 shall 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 |
