<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 43TRANSPORTATION
PART 10TEXAS DEPARTMENT OF MOTOR VEHICLES
CHAPTER 215MOTOR VEHICLE DISTRIBUTION
SUBCHAPTER BADJUDICATIVE PRACTICE AND PROCEDURE
RULE §215.58Delegation of Final Order Authority

(a) In accordance with Occupations Code, §2301.154(c), except as provided by subsection (b) of this section, the director is authorized to issue, where there has not been a decision on the merits, a final order in a contested case, including, but not limited to a contested case resolved:

  (1) by settlement;

  (2) by agreed order;

  (3) by withdrawal of the complaint;

  (4) by withdrawal of a protest;

  (5) by dismissal for want of prosecution;

  (6) by dismissal for want of jurisdiction;

  (7) by summary judgment or summary disposition;

  (8) by default judgment; or

  (9) when a party waives opportunity for a contested case hearing.

(b) In accordance with Occupations Code, §2301.154(c), the director is authorized to issue a final order in a contested case filed prior to January 1, 2014, under Occupations Code, §2301.204 or §§2301.601 - 2301.613.

(c) In a contested case in which the board has delegated final order authority under subsections (a) or (b) of this section, a motion for rehearing shall be filed with and decided by the final order authority delegate.


Source Note: The provisions of this §215.58 adopted to be effective February 5, 2014, 39 TexReg 501; amended to be effective February 13, 2017, 42 TexReg 571

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page