| (a) The department may file a Notice of Department
Decision against a license holder alleging a violation of an advertising
provision pursuant to Occupations Code, §2301.203, provided the
department can show:
(1) that the license holder who allegedly violated
an advertising provision has received from the department a notice
of an opportunity to cure the violation by certified mail, return
receipt requested, in compliance with subsection (b) of this section;
and
(2) that the license holder committed a subsequent
violation of the same advertising provision.
(b) An effective notice of an opportunity to cure issued
under subsection (a)(1) of this section must:
(1) state that the department has reason to believe
that the license holder violated an advertising provision and must
identify the provision;
(2) set forth the facts upon which the department bases
its allegation of a violation; and
(3) state that if the license holder commits a subsequent
violation of the same advertising provision, the department will file
a Notice of Department Decision under §224.56 of this title (relating
to Notice of Department Decision).
(c) As a part of the cure procedure, the department
may require a license holder who allegedly violated an advertising
provision to publish a retraction notice to effect an adequate cure
of the alleged violation. A retraction notice must:
(1) appear in a newspaper of general circulation in
the area in which the alleged violation occurred;
(2) appear in the portion of the newspaper devoted
to motor vehicle advertising, if any;
(3) identify the date and the medium of publication,
print, electronic, or other, in which the advertising alleged to be
a violation appeared; and
(4) identify the alleged violation of the advertising
provision and contain a statement of correction.
(d) A cure is made solely for the purpose of settling
an allegation and is not an admission of a violation of these rules;
Occupations Code, Chapter 2301; or other law.
|
| Source Note: The provisions of this §215.270 adopted to be effective February 11, 2010, 35 TexReg 883; amended to be effective March 29, 2012, 37 TexReg 2087; amended to be effective February 13, 2017, 42 TexReg 571; amended to be effective June 1, 2024, 49 TexReg 2704 |
