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RULE §215.270Enforcement

(a) The department may file a Notice of Department Decision against a license holder alleging a violation of an advertising provision pursuant to Occupations Code, §2301.203, provided the department can show:

  (1) that the license holder who allegedly violated an advertising provision has received from the department a notice of an opportunity to cure the violation by certified mail, return receipt requested, in compliance with subsection (b) of this section; and

  (2) that the license holder committed a subsequent violation of the same advertising provision.

(b) An effective notice issued under subsection (a)(1) of this section must:

  (1) state that the department has reason to believe that the license holder violated an advertising provision and must identify the provision;

  (2) set forth the facts upon which the department bases its allegation of a violation; and

  (3) state that if the license holder commits a subsequent violation of the same advertising provision, the department will formally file a Notice of Department Decision.

(c) As a part of the cure procedure, the department may require a license holder who allegedly violated an advertising provision to publish a retraction notice to effect an adequate cure of the alleged violation. A retraction notice must:

  (1) appear in a newspaper of general circulation in the area in which the alleged violation occurred;

  (2) appear in the portion of the newspaper devoted to motor vehicle advertising, if any;

  (3) identify the date and the medium of publication, print, electronic, or other, in which the advertising alleged to be a violation appeared; and

  (4) identify the alleged violation of the advertising provision and contain a statement of correction.

(d) A cure is made solely for the purpose of settling an allegation and is not an admission of a violation of these rules; Occupations Code, Chapter 2301; or other law.

Source Note: The provisions of this §215.270 adopted to be effective February 11, 2010, 35 TexReg 883; amended to be effective March 29, 2012, 37 TexReg 2087; amended to be effective February 13, 2017, 42 TexReg 571

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