| (2) opening an additional location will receive a maximum
allotment of temporary tags based on the greater of the allotment
provided to existing locations, including franchised dealers opening
additional locations for different line makes, or the amount under
subsection (f) of this section;
(3) purchased as a buy-sell ownership agreement will
receive the maximum allotment of temporary tags provided to the location
being purchased and not be allocated temporary tags under subsection
(f) of this section; and
(4) inherited by will or laws of descent will receive
the maximum allotment of temporary tags provided to the location being
inherited and not be allocated temporary tags under subsection (f)
of this section.
(h) A new dealer or converter may also provide credible
information supporting a request for additional temporary tags to
the amount allocated under subsection (f) of this section based on:
(1) franchised dealer, manufacturer, or distributor
sales expectations;
(2) a change in license required by death or retirement,
except as provided in subsection (g) of this section;
(3) prior year's sales by a dealership moving into
the state; or
(4) other similar change of location or ownership that
indicates some continuity in existing operations.
(i) After using 50 percent of the allotted maximum
number of temporary tags, a dealer or converter may request an increase
in the number of temporary tags by submitting a request in the department's
eLICENSING system.
(1) The dealer or converter must provide information
demonstrating the need for additional temporary tags results from
business operations, including anticipated needs, as required by §503.0632(c).
Information may include documentation of sales and tax reports filed
as required by law, information of anticipated need, or other information
of the factors listed in §503.0632(b).
(2) The department shall consider the information presented
and may consider information not presented that may weigh for or against
granting the request that the department in its sole discretion determines
to be relevant in making its determination. Other relevant information
may include information of the factors listed in §503.0632(b),
the timing of the request, and the applicant's temporary tag activity.
(3) The department may allocate a lesser or greater
number of additional temporary tags than the amount requested by the
dealer or converter. Allocation of a lesser or greater number of additional
temporary tags is not a denial of the request. Allocation of additional
temporary tags under this paragraph does not limit the dealer's or
converter's ability to submit additional requests for more temporary
tags.
(4) If a request is denied, a dealer or converter may
appeal the denial to the Director of the Motor Vehicle Division whose
decision is final.
(A) The denial will be sent to the license holder by
email to the email used by the license holder in the request.
(B) The appeal must be requested within 10 business
days of the denial being sent to the department though the eLICENSING
system.
(C) The appeal may discuss information provided in
the request but may not include additional information.
(D) The Motor Vehicle Division Director will review
the submission and any additional statements concerning the information
submitted in the original request and render an opinion within 10
business days of receiving the appeal. The Motor Vehicle Division
Director may decide to deny the request and issue no additional tags,
or award an amount of additional temporary tags that is lesser, equal
to, or greater than the request.
(E) The requesting license holder will be notified
as follows:
(i) If the Motor Vehicle Division director has decided
to deny the appeal, the license holder will be contacted by email
regarding the decision and options to submit a new request with additional
relevant credible supporting documentation or to pursue a claim in
district court; or
(ii) If the Motor Vehicle Division Director has decided
to award an amount of additional temporary tags that is lesser, equal
to, or greater than the request, the additional temporary tags will
be added to the license holders account and the license holder will
be contacted by email regarding the decision, informed that the request
has not been denied, and options the license holder has to submit
a new request.
(5) Once a denial is final, a dealer or converter may
only submit a subsequent request for additional temporary tags during
that calendar year if the dealer or converter is able to provide additional
information not considered in the prior request.
(j) A change in the allotment under subsection (i)
of this section does not create a dealer or converter base for subsequent
year calculations.
(k) The department may at any time initiate an enforcement
action against a dealer or converter if temporary tag usage suggests
that misuse or fraud has occurred as described in Transportation Code §§503.038,
503.0632(f), or 503.067.
(l) Unused dealer or converter tag allotments from
a calendar year do not roll over to subsequent years.
|
| Source Note: The provisions of this §215.152 adopted to be effective February 11, 2010, 35 TexReg 883; amended to be effective February 13, 2017, 42 TexReg 571; amended to be effective October 21, 2020, 45 TexReg 7441; amended to be effective February 14, 2022, 47 TexReg 954 |
