| (a) Compliance with an order issued by the final order
authority will be monitored by the department.
(b) A complainant is not bound by a final decision
and order.
(c) If a complainant does not accept the final decision,
the proceeding before the final order authority will be deemed concluded
and the complaint file closed.
(d) If the complainant accepts the final decision,
then the manufacturer, converter, or distributor, and the dealer to
the extent of the dealer's responsibility, if any, shall immediately
take such action as is necessary to implement the final decision and
order.
(e) If a manufacturer, converter, or distributor replaces
or repurchases a motor vehicle pursuant to an order issued by the
final order authority, then the manufacturer, converter, or distributor
shall, prior to the resale of such motor vehicle, retitle the vehicle
in Texas and shall:
(1) issue a disclosure statement on a form provided
by or approved by the department; and
(2) affix a department-approved disclosure label in
a conspicuous location in or on the motor vehicle.
(f) The disclosure statement and disclosure label required
under subsection (e) of this section shall accompany the motor vehicle
through the first retail purchase. No person or entity holding a license
or GDN issued by the department under Occupations Code, Chapter 2301
or Transportation Code, Chapter 503 shall remove or cause the removal
of the disclosure label until delivery of the motor vehicle to the
first retail purchaser.
(g) A manufacturer, converter, or distributor shall
provide to the department the name, address, and telephone number
of the transferee to whom the manufacturer, distributor, or converter
transfers the motor vehicle on the disclosure statement within 60
days of each transfer. The selling dealer shall return the completed
disclosure statement to the department within 60 days of the retail
sale of a reacquired motor vehicle.
(h) The manufacturer, converter, or distributor must
repair the defect or condition in the motor vehicle that resulted
in the vehicle being reacquired and issue a basic warranty excluding
non-original equipment manufacturer items or accessories, for a minimum
of 12 months or 12,000 miles, whichever comes first. The warranty
shall be provided to the first retail purchaser of the motor vehicle.
(i) In the event this section conflicts with the terms
contained in a cease and desist order, the terms of the cease and
desist order shall prevail.
(j) The failure of any manufacturer, converter, distributor,
or dealer to comply with a final order issued by the final order authority
within the time period prescribed in the order may subject the manufacturer,
converter, distributor, or dealer to formal action by the department,
including the assessment of civil penalties or other sanctions prescribed
by Occupations Code, Chapter 2301, for the failure to comply with
an order issued by the final order authority.
|
| Source Note: The provisions of this §215.210 adopted to be effective February 11, 2010, 35 TexReg 883; amended to be effective July 5, 2012, 37 TexReg 4950; amended to be effective February 13, 2017, 42 TexReg 571; amended to be effective March 1, 2018, 43 TexReg 1144 |
