(a) Grounds for the denial, suspension, revocation,
or denial of reinstatement of a title service license or title service
runner license in Hidalgo County include, but are not limited to:
(1) having been found to have submitted a vehicle packet,
or other document, to the Hidalgo County Tax Assessor-Collector's
office which contains false information, and the Hidalgo County Tax
Assessor-Collector determines that the false information was intentionally
submitted by the motor vehicle title service license holder or title
service runner;
(2) having been convicted of any felony, any crime
of moral turpitude, or deceptive business practice for which the completion
date of the applicant's sentence is fewer than five years from the
date of applying for a motor vehicle title service license;
(3) having been criminally or civilly sanctioned for
the unauthorized practice of law by any government or quasi-government
body with jurisdiction to do so;
(4) having been found in violation of the administrative
procedures required by the Texas Department of Motor Vehicles;
(5) in the event the Tax Assessor-Collector determines
a title service license holder has delinquent Class C misdemeanor
fines, the licensee shall have thirty calendar (30) days from the
date of deposit of written notice into the U.S. Postal Service to
pay or otherwise resolve the fines. If the fines remain unresolved
after thirty calendar (30) days, the Tax Assessor-Collector may, in
his discretion, deny, suspend, refuse to renew, or revoke, as provided
in this section, the license of that title service license holder;
(6) a title service runner license may be revoked or
suspended if the title service runner has presented a title packet
to the Hidalgo County Tax Assessor-Collector that was not authorized
by a licensed motor vehicle title service or if the title service
runner altered or forged the original paperwork prepared for and signed
by the motor vehicle title service;
(7) failure to maintain records required by §520.057
of the Texas Transportation Code or this section;
(8) behavior that causes disruption or creates a security
concern to any tax office location or contracted office location,
as determined by the Tax Assessor-Collector or designee, in his discretion;
or
(9) involvement in the issuance of fraudulent liability
insurance while holding an Hidalgo County title service license, as
determined by the Tax Assessor-Collector or designee, in his discretion.
(b) The Hidalgo County Tax Assessor-Collector shall
consider any and all substantial evidence available in making factual
determinations under this section.
(c) If the Hidalgo County Tax Assessor-Collector makes
a determination that a person's license hereunder should be denied,
cancelled, suspended, or revoked, then the Tax Assessor-Collector
shall send notice of the action to the person, by certified mail,
stating the facts or conduct alleged to warrant the action.
(d) Upon a determination of violation of this section,
the Hidalgo County Tax Assessor-Collector may order the violator's
license suspended for up to one (1) year for the first offense. The
Tax Assessor-Collector, in his discretion, may order an additional
suspension for up to one year or the revocation of the holder's license
for the second offense. A license may be revoked upon a third offense.
(e) A person whose license is revoked may not apply
for a new license before the first anniversary of the date of the
revocation. A person whose license has been revoked must apply for
a new license under this section.
(f) A license may not be issued under a fictitious
name that is similar to or may be confused with the name of a governmental
entity or that is deceptive or misleading to the public.
(g) The Tax Assessor-Collector may discipline a title
service license holder for acts in violation of these regulations
or other law committed by a title service runner employed or contracted
by the title service license holder. Such discipline may include suspension
or revocation of the title service license holder's license if the
Tax Assessor-Collector also suspends or revokes the license of the
at-fault title service runner.
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