| (a) Lemon law complaints.
(1) Complaints seeking relief under the lemon law must
be in writing and filed with the department. A complaint filed with
the department shall be delivered:
(A) in person to the department;
(B) by mail to the address of the department;
(C) by email to a department-designated email address;
or
(D) by facsimile transmission to a department-designated
facsimile number.
(2) Complaints may be submitted in letter or other
written format, or on complaint forms provided by the department.
(3) Complaints shall state sufficient facts to enable
the department and the party complained against to know the nature
of the complaint and the specific problems or circumstances forming
the basis of the claim for relief under the lemon law.
(4) Complaints shall, at a minimum, provide the following
information:
(A) the name, address, and telephone number of the
motor vehicle owner;
(B) the identification of the motor vehicle, including
the make, model, year, and manufacturer's VIN;
(C) the type of warranty coverage;
(D) the name and address of the dealer or other person
from whom the motor vehicle was purchased or leased, including the
name and address of the vehicle lessor, if applicable;
(E) the date of delivery of the motor vehicle to the
original owner and in the case of a demonstrator, the date the motor
vehicle was placed into demonstrator service;
(F) the motor vehicle mileage at the time when:
(i) the motor vehicle was purchased or leased;
(ii) problems with the motor vehicle were first reported;
and
(iii) the complaint was filed;
(G) the name of the dealer or the name of the manufacturer's,
converter's, or distributor's agent to whom the problems were first
reported;
(H) identification of the motor vehicle's existing
problems and a brief description of the history of problems and repairs
on the motor vehicle, including:
(i) the date and mileage of each repair; and
(ii) a copy of each repair order where possible;
(I) the date the motor vehicle manufacturer, converter,
or distributor received written notification of the complaint;
(J) the date and results of the motor vehicle inspection,
if the motor vehicle was inspected by the manufacturer, converter,
or distributor; and
(K) any other information the complainant deems relevant
to the complaint.
(5) The department's staff will provide information
concerning the complaint procedure and complaint forms to any person
requesting assistance.
(6) The filing fee required under the lemon law should
be remitted with the complaint by any form of payment accepted by
the department. The filing fee is nonrefundable, but a complainant
that prevails in a case is entitled to reimbursement of the filing
fee from the nonprevailing party. Failure to remit the filing fee
with the complaint will delay commencement of the 150-day period referenced
in paragraph (8) of this subsection and may result in dismissal of
the complaint.
(7) The commencement of a lemon law proceeding occurs
on the date the filing fee is received by the department or its authorized
agent.
(8) If the hearings examiner has not issued an order
within 150 days after the commencement of the lemon law proceeding
in accordance with paragraph (7) of this subsection, department staff
shall notify the parties by mail that the complainant may file a civil
action in state district court to seek relief under the lemon law.
The notice will inform the complainant of the complainant's right
to continue the lemon law complaint through the department. The 150-day
period shall be extended upon request of the complainant or if a delay
in the proceeding is caused by the complainant.
(b) Warranty performance complaints (repair-only relief).
(1) Complaints for warranty performance relief filed
with the department must comply with the requirements of subsection
(a)(1) - (4) of this section.
(2) A filing fee is not required for a complaint that
is subject to a warranty performance claim.
(3) A complaint may be filed with the department in
accordance with this section if the defect in the motor vehicle subject
to the warranty performance complaint was reported to the manufacturer,
converter, distributor, or to an authorized agent prior to the expiration
of the warranty period.
(4) If the defect is not resolved pursuant to §215.205
of this title (relating to Mediation; Settlement), a hearing will
be scheduled and conducted in accordance with Government Code, Chapter
2001, subject to Occupations Code, Chapter 2301, Subchapter O and
this subchapter.
(5) The final order authority will issue an order on
the warranty performance complaint. A party who disagrees with the
order may oppose the order in accordance with §215.207 of this
title (relating to Contested Cases: Final Orders).
(6) Department staff will provide information concerning
the complaint procedure and complaint forms to any person requesting
assistance.
|
| Source Note: The provisions of this §215.202 adopted to be effective July 5, 2012, 37 TexReg 4950; amended to be effective March 11, 2014, 39 TexReg 1728; amended to be effective February 13, 2017, 42 TexReg 571 |
