| (A) having been found to have submitted a vehicle packet,
or other document, to the El Paso County Tax Assessor-Collector's
office which contains false information, and the El Paso County Tax
Assessor-Collector determines that the false information was intentionally
submitted by the motor vehicle title service license holder or title
service runner;
(B) 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;
(C) having been criminally or civilly sanctioned for
the unauthorized practice of law by any government or quasi-government
body with jurisdiction to do so;
(D) having been found in violation of the administrative
procedures required by the Texas Department of Transportation;
(E) 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;
(F) a title service runner license may be revoked or
suspended if the title service runner has presented a title packet
to the El Paso 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;
(G) failure to maintain records required by §520.057
of the Texas Transportation Code or this section;
(H) 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;
(I) involvement in the issuance of fraudulent liability
insurance while holding an El Paso County title service license, as
determined by the Tax Assessor-Collector or designee, in his discretion;
and
(J) all factual determinations under this section shall
be made by the Tax Assessor-Collector, in his discretion, by a preponderance
of the evidence standard.
(2) If the El Paso 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 first class mail,
stating the facts or conduct alleged to warrant the action.
(3) Upon a determination of violation of this section,
the El Paso 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.
(4) 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.
(5) 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.
(h) Appeals.
(1) The El Paso County Tax Assessor-Collector shall
appoint a five member Review Board to review any appeal of an action
to refuse, cancel, suspend, revoke, or reinstate a license under this
section. The Review Board shall consist of one member of the County
Attorney's office, one member of the District Attorney's office, the
Tax Assessor-Collector's Motor Vehicle Director, and two law enforcement
officers.
(2) Memberships will last for two years and replacements
will be selected on a staggered basis. For the first year that the
Board is established, two of the memberships shall be for one year
to accommodate staggering. The Tax Assessor-Collector, in his discretion,
shall determine which initial board memberships to stagger. A member
may be reappointed for additional terms as deemed appropriate by the
El Paso County Tax Assessor-Collector.
(3) If a member is absent for three consecutive meetings,
the Tax Assessor-Collector, in his discretion, may remove the member
and appoint a new member to serve the remainder of the term.
(4) If a review board member is removed or resigns,
the Tax Assessor-Collector may appoint a new review board member to
fill that member's position. The new member will serve for the remainder
of the former member's term.
(5) A person who receives notice of adverse action
taken on his own license by the El Paso County Tax Assessor-Collector
may submit a written request for appeal or protest and submit evidence,
in the form of documents or testimony, to demonstrate that person's
compliance with all requirements for the issuance, retention, or reinstatement
of the person's license. The person must submit evidence and file
a written request for the appeal of an action taken on the person's
license with the County Tax Assessor-Collector within 10 calendar
days from the date of receipt of the notice of action on the person's
license. Proof of receipt of a notice of action, or any other document
that triggers a deadline under this section, includes, but is not
limited to, a certified mail return receipt. The Tax Assessor-Collector
or the Review Board may grant additional time to comply with this
section upon written request.
(6) Evidence and/or a written request for an appeal
must be sent to El Paso County Tax Office, Enforcement Division, via
certified mail at the address published at: http://www.epcounty.com/taxoffice/.
(7) Upon timely filing of a request for an appeal,
the County Tax Assessor-Collector shall request review by the Review
Board. The adverse action shall be stayed until a final decision is
made on the license.
(8) The Review Board shall meet as needed, on a date
determined by the El Paso County Tax Assessor-Collector. The Board
will review any appeals and make a recommendation to the County Tax
Assessor-Collector stating whether the Board agrees or disagrees with
the action taken.
(9) The El Paso County Tax Assessor-Collector shall
appoint a member of the Review Board to chair meetings of the Review
Board.
(10) A quorum of three members of the Review Board
must be present to render a decision. No proxy votes will be allowed.
(11) Review Board decisions are administrative in nature.
As such courtroom rules of evidence shall not apply. However, the
Review Board Chair may limit or discard evidence that is not material
and relevant.
(12) The parties to a Review Board proceeding shall
file and exchange documentary evidence at least seven (7) days before
a Review Board proceeding. The Chair may, at the Chair's discretion,
exclude evidence that is not timely filed and served on the other
party(ies).
(13) A simple majority vote of a quorum of Review Board
members shall determine the recommendation on matters under consideration.
The Tax Assessor-Collector's Enforcement Division Director, or his
or her designee, shall present the case to the Review Board and carry
the burden of proof. The standard of proof shall be by a preponderance
of the evidence.
(14) A quorum of the Review Board may draft and approve
other procedural rules that are not inconsistent with this section
or other law. Any such rules must be published on the El Paso County
website and made available to the public in print form upon request.
(15) All decisions related to license appeals or protests
shall be subject to final review and determination by the El Paso
County Tax Assessor-Collector. The El Paso County Tax Assessor-Collector
shall send disposition of the appeal to the person by registered or
certified mail. If the Tax Assessor-Collector does not reinstate the
license, any adverse action stayed by the appeal will be reinstated.
(i) License Renewal.
(1) A license pursuant to this section expires on the
first anniversary of the date of issuance and may be renewed annually
on or before the expiration date on payment of the required renewal
fee. All renewals will be subject to an additional criminal background
check and confirmation of the applicant's current address and contact
information.
Cont'd... |
