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TITLE 43TRANSPORTATION
PART 10TEXAS DEPARTMENT OF MOTOR VEHICLES
CHAPTER 221SALVAGE VEHICLE DEALERS, SALVAGE POOL OPERATORS AND SALVAGE VEHICLE REBUILDERS
SUBCHAPTER EADMINISTRATIVE PROCEDURES
RULE §221.91Notice of Department Decision

(a) Upon a determination that an application for a license issued under Occupations Code, Chapter 2302, and this chapter should be denied, or that a license be revoked or suspended, or that administrative sanctions should be imposed based on alleged violations of Occupations Code, Chapter 2302, or this chapter, the department shall issue and mail, by certified mail, a Notice of Department Decision to the applicant's, license holder's or person's last known mailing address, as reflected in the department's licensing records.

(b) The Notice of Department Decision includes a statement:

  (1) that describes the department decision and its effective date;

  (2) that describes each alleged violation;

  (3) that describes each administrative sanction being proposed;

  (4) which sets out the legal basis for each administrative sanction;

  (5) informing the license applicant, license holder or other person of the right to request a hearing;

  (6) setting forth the procedures for requesting a hearing, including the period during which a request for a hearing must be received by the department; and

  (7) informing the license applicant, license holder, or other person that the proposed decision and administrative sanctions in the Notice of Department Decision will become final on the date specified if the license applicant, license holder, or other person fails to timely request a hearing.

(c) A request for an administrative hearing under this section must be made in writing and received by the department within 26 days of the date the Notice of Department Decision is mailed by the department.

(d) If the license applicant, license holder, or person does not make a timely request for hearing or enter into a settlement agreement before the 27th day after the date the Notice of Department Decision is mailed, the matter becomes final in accordance with the Government Code, Chapter 2001.


Source Note: The provisions of this §221.91 adopted to be effective December 9, 2015, 40 TexReg 8802

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