Lemon law or warranty performance complaints that satisfy the
jurisdictional requirements of the Occupations Code will be set for
hearing. Notification of the date, time, and place of the hearing
will be given to all parties by certified mail. Additional information
contained in the notice of hearing shall be consistent with §215.34
of this title (relating to Notice of Hearing in Contested Cases).
(1) When possible, hearings will be held in the city
in which the complainant resides.
(2) Hearings will be scheduled at the earliest date
possible, provided that a 10-day notice or other notice required by
law is given to all parties.
(3) Hearings will be conducted expeditiously by a hearings
examiner in accordance with Government Code, Chapter 2001, subject
to Occupations Code, Chapter 2301, Subchapter O; and with the provisions
of Subchapter B of this chapter (relating to Adjudicative Practice
and Procedure) and this subchapter.
(4) Hearings will be conducted informally. The parties
have the right to be represented by attorneys at a hearing, although
attorneys are not required. Any party who intends to be represented
at a hearing by an attorney or an authorized representative must notify
the hearings examiner, the department, and any other party in writing
at least five business days prior to the hearing. Failure to provide
notice will result in postponement of the hearing if requested by
any other party.
(5) Subject to a hearings examiner ruling, a party
may present that party's case in full, including testimony from witnesses
and documentary evidence such as repair orders, warranty documents,
and the motor vehicle sales contract.
(6) By agreement of the parties and with the written
approval of the hearings examiner, the hearing may be conducted by
written submission only or by telephone.
(7) Except for a hearing conducted by written submission,
each party may be questioned by the other party at the discretion
of the hearings examiner.
(8) Except for a hearing conducted by written submission
or by telephone, the complainant must bring the motor vehicle in question
to the hearing so that the motor vehicle may be inspected and test
driven, unless otherwise ordered by the hearings examiner upon a showing
of good cause by the complainant.
(9) The department may have the motor vehicle in question
inspected by an expert prior to the hearing, if the department determines
that an expert opinion may assist in arriving at a decision. An inspection
under this section shall be made only upon prior notice to all parties,
who shall have the right to be present at such inspection. A copy
of any findings or report from such inspection will be provided to
all parties before, or at, the hearing.
(10) Except for hearings conducted by written submission,
all hearings will be recorded by the hearings examiner. A copy of
the recording will be provided to any party upon request and upon
payment for the cost of the copy, as provided by law or board rules.
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| Source Note: The provisions of this §215.206 adopted to be effective July 5, 2012, 37 TexReg 4950; amended to be effective March 11, 2014, 39 TexReg 1728; amended to be effective February 13, 2017, 42 TexReg 571 |
