| (a) The board or department may:
(1) deny a vehicle lessor or vehicle lease facilitator
application;
(2) revoke or suspend a vehicle lessor or vehicle lease
facilitator license; or
(3) assess a civil penalty or take other action on
a vehicle lessor or vehicle lease facilitator applicant or license
holder, or a person engaged in business for which a vehicle lessor
or vehicle lease facilitator license is required.
(b) The board or department may take action described
in subsection (a) of this section if a vehicle lessor or vehicle lease
facilitator applicant or license holder, or a person engaged in business
for which a vehicle lessor or vehicle lease facilitator license is
required:
(1) fails to maintain an established and permanent
place of business required by §215.177 of this title (relating
to Established and Permanent Place of Business);
(2) fails to maintain records required under this subchapter;
(3) refuses or fails to comply with a request by a
representative of the department to examine during the vehicle lessor's
or vehicle lease facilitator's posted business hours at the vehicle
lessor's or vehicle lease facilitator's licensed location:
(A) a vehicle leasing record required to be maintained
by §215.178 of this title (relating to Records Required for Vehicle
Lessors and Vehicle Lease Facilitators);
(B) ownership papers for a vehicle owned, leased, or
under that vehicle lessor's or vehicle lease facilitator's control;
or
(C) evidence of ownership or a current premises lease
agreement for the property upon which the business is located;
(4) refuses or fails to timely comply with a request
for records made by a representative of the department;
(5) fails to notify the department in writing within
10 days of a change of the vehicle lessor or vehicle lease facilitator
license holder's:
(A) mailing address;
(B) physical address;
(C) telephone number; or
(D) email address;
(6) fails to notify the department in writing within
10 days of a change of the vehicle lessor or vehicle lease facilitator
license holder's name or ownership;
(7) fails to comply with the fee restrictions or other
requirements under Occupations Code, §2301.357 or §§2301.551
- 2301.556;
(8) fails to maintain advertisement records or otherwise
fails to comply with the advertising requirements of:
(A) §215.178; or
(B) Subchapter H of this chapter (relating to Advertising);
(9) violates any law relating to the sale, lease, distribution,
financing, or insuring of motor vehicles;
(10) is convicted of an offense that, in accordance
with Occupations Code, Chapter 53 and with §215.88 of this title
(relating to Criminal Offense and Action on License), directly relates
to the duties or responsibilities of the licensed occupation;
(11) is determined by the board or department, in accordance
with §215.89 of this title (relating to Fitness), to be unfit
to hold a vehicle lessor or vehicle lease facilitator license;
(12) uses or allows use of a vehicle lessor or vehicle
lease facilitator license in violation of any law or for the purpose
of avoiding any provision of Occupations Code, Chapter 2301; or
(13) willfully omits material information or makes
a material misrepresentation in any application or other documentation
filed with the department.
(c) The board or department may take action on a vehicle
lessor's license or assess civil penalties for the vehicle lessor's
failure to notify the department in writing within 10 days of any
change, addition, or deletion to the list of vehicle lease facilitators
with whom the vehicle lessor conducts business, including any change
to a vehicle lease facilitator's mailing address, physical address,
telephone number, or email address.
(d) The board or department may take action on a vehicle
lease facilitator's license or assess civil penalties for the vehicle
lease facilitator's failure to notify the department in writing within
10 days of any change, addition, or deletion to the list of vehicle
lessors for whom the vehicle lease facilitator conducts business,
including any change to a vehicle lessor's mailing address, physical
address, telephone number, or email address.
(e) The board or department may take action on a vehicle
lessor's or vehicle lease facilitator's license if the vehicle lessor
or vehicle lease facilitator accepts a fee from a dealer, directly
or indirectly, for referring a customer who purchases or considers
purchasing a motor vehicle.
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