| (1) The County Tax Assessor-Collector's Designee will
send a letter by registered or certified mail at the address in the
holder's application of any intended action to deny an application
or to revoke or suspend a holder's License ("Notice of Intent"), stating
the facts or conduct alleged to warrant the action.
(2) A person who receives a Notice of Intent may submit
a written request for appeal to the County Tax Assessor-Collector
within 20 calendar days from the date of such notice, and must include
a written response to the Notice of Intent, including any evidence,
in the form of documents or sworn affidavit testimony, that would
demonstrate that person's compliance with all applicable Texas statutes,
agency regulations, and these Rules. If a request for appeal is not
made in a timely manner, the holder's License shall be automatically
denied, revoked, or suspended without further notice.
(3) Upon receipt of a timely request for an appeal,
the County Tax Assessor-Collector will request review by the Review
Board. All evidence shall be submitted in writing in order to expedite
the Appeal Process. The Designee will forward a copy of the application
(if applicable), all information received from the applicant or license
holder, any other information considered by the Designee and the Tax
Assessor-Collector, and a copy of the Notice of Intent to the Review
Board as the "Record" to be reviewed.
(4) The Review Board will review the Record and make
a recommendation to the County Tax Assessor-Collector stating whether
the Review Board agrees or disagrees with the action taken.
(5) The Chair of the Review Board may limit or discard
evidence that he or she finds is not material or relevant or is unduly
repetitious. The Review Board shall review the Record in making any
factual decisions that support its recommendation and shall not conduct
an independent investigation into the underlying facts. However, the
Review Board may request additional information from the applicant
or the Designee.
(6) The Review Board may recommend other disciplinary
action than the proposed adverse action.
(7) The recommendation of the Review Board will be
forwarded to the Tax Assessor- Collector for his/her final review
and determination. The proposed adverse action will be stayed until
such final determination is made.
(8) Notice of the Tax Assessor-Collector's decision
and the disposition of the appeal shall be sent to the license holder
by certified or registered mail at the address contained in the holder's
application or in the holder's request for an appeal.
(h) License Reinstatement.
(1) The Review Board will, to the extent possible,
examine all license suspensions before the end of the suspension period.
The Review Board will make a recommendation to the County Tax Assessor-Collector
as to whether the individual or company should have the license reinstated.
(2) The County Tax Assessor-Collector shall review
the Board's recommendation and render a final decision.
(3) A person whose license has been revoked may not
apply for reinstatement or a new license before the first anniversary
of the date of revocation.
(i) Factors Considered for Denial, Suspension, or Revocation
of Application for License, and for Renewal or Reinstatement of a
License.
(1) The County Tax Assessor-Collector or his/her Designee
has the authority to review any complaints regarding a Motor Vehicle
Title Service Company or Motor Vehicle Title Runner licensed by the
Tax Assessor-Collector. Complaints should be submitted in writing
to the County Tax Assessor-Collector's Office and include supporting
factual information and/or documentation.
(2) A license is not valid until an application receives
final approval by the Tax Assessor-Collector. Under Section 520.059
of the Act, the County Tax Assessor-Collector may deny, suspend, revoke
or reinstate a license at his or her discretion. Grounds to disqualify
an individual from being licensed under these Rules may include, but
are not limited to, the following:
(A) Failure to meet all of the license requirements
set forth in the Act and any rules and regulations promulgated by
the Texas Department of Motor Vehicles and/or Texas Department of
Transportation, or failure to provide information requested by the
County Tax Assessor-Collector.
(B) Submitting incomplete, false or misleading information
on the application form or any supporting documents.
(C) Conviction or deferred adjudication of a felony;
(D) Conviction or deferred adjudication of a crime
of moral turpitude for which the completion date of the applicant's
sentence is less than five years from the date of the application.
(E) Any criminal history or other information that
would call into question the business reputation or character of the
applicant in the Tax Assessor-Collector's discretion.
(F) Any violation of the Act, these Rules, or the administrative
procedures promulgated by the County Tax Assessor-Collector, the Texas
Department of Motor Vehicles or the Texas Department of Transportation,
including, but not limited to:
(i) Failure to maintain records under Section 520.057
of the Transportation Code; or
(ii) Failure to permit inspection of records as required
by Section 520.028 of the Transportation Code.
(G) Previous suspensions or revocations of the applicant's
Motor Vehicle Title Service License or Title Service Runner License
by any County Tax Assessor-Collector's office.
(H) Previous offenses under Section 520.061 of the
Act, failure to timely pay any fines or penalties for such offenses,
or previous injunctions under Section 520.062 of the Act.
(I) Submitting vehicle document packets that are found
to contain false information and the false information is determined
to have been knowingly or intentionally submitted by the license holder.
(J) A Title Service Runner is subject to License suspension
or revocation if the Runner presented a title packet to the County
Tax Assessor-Collector that was not authorized by a full service deputy
or licensed Motor Vehicle Title Service company; altered or forged
the original paperwork prepared for and signed by the full service
deputy or Motor Vehicle Title Service company; or presented documents
bearing an unauthorized signature.
(K) The County Tax Assessor-Collector has the right
to summarily revoke any license upon notification of the license holder's
conviction or deferred adjudication of a felony, a crime of moral
turpitude, or an offense under Section 520.061 of the Act.
(L) The County Tax Assessor-Collector may suspend or
revoke a Motor Vehicle Title Service Company's License for acts in
violation of these rules or other law committed by a Title Service
Runner employed or contracted by such company, if the County Tax Assessor-Collector
also suspends or revokes the license of the at-fault Title Service
Runner.
(M) The County Tax Assessor-Collector may take disciplinary
action appropriate to the circumstances. For example and without limitation,
a 90-day suspension, a 180-day suspension, or revocation.
(j) Annual Renewal; Fees. Licenses must be renewed
annually and will automatically expire on the anniversary of the date
of issuance. Applicants for renewal or reinstatement must meet all
original requirements. Non-refundable annual fees for licenses shall
be as follows:
(1) The fee for a Motor Vehicle Title Service Company
License shall be $350.00 for the first year and $300.00 per year each
year thereafter.
(2) The annual fee for a Title Service Runner License
shall be $170.00 for the first year and $150.00 per year each year
thereafter.
(3) The fee for replacing a lost license shall be $10.00.
(4) If a previously licensed applicant's license has
been expired for 90 days or less, the applicant must pay 1.5 times
the renewal fee set forth above. If a license has been expired for
more than 90 days but less than one year, the applicant must pay 2
times the renewal fee set forth above. If any license has been expired
for more than a year, it may not be renewed; the applicant must obtain
a new license.
(5) If a person was licensed, but moved to another
state, and has been doing business in the other state for the two
years preceding the application, that person may renew an expired
license and must pay 2 times the renewal fee set forth above.
(k) Policies for Conducting Transactions.
(1) A valid copy of the current License issued by the
Tax Assessor-Collector must be presented to the County Tax Assessor-Collector
at the time of each transaction. A Tax Assessor-Collector vehicle
transaction form must accompany all motor vehicle title service transactions.
The motor vehicle title service company officer or operator shall
print and sign his or her name in the space provided, and fill in
his or her company authorization number in the space provided.
Cont'd... |
