| (a) Purpose and scope. This section applies to a debt
cancellation agreement described by Texas Finance Code, Chapter 354,
that includes insurance coverage as part of the retail buyer's responsibility
to the holder. Debt cancellation agreements must be submitted to the
OCCC for approval, as provided by Texas Finance Code, §354.005(a).
The denial of a debt cancellation agreement may be appealed in a contested
case, as provided by Texas Finance Code, §354.005(d). This section
describes the requirements for submitting a debt cancellation agreement
to the OCCC and the requirements for appealing the denial of a debt
cancellation agreement.
(b) Submission. A debt cancellation agreement must
be submitted in accordance with the OCCC's instructions. A submission
is not effective until the agreement is submitted in accordance with
the OCCC's instructions, including the fee required under subsection
(c).
(c) Fee. The person submitting a debt cancellation
agreement must pay a $250 nonrefundable fee to the OCCC for each submitted
agreement.
(d) OCCC's notice of approval or denial. No later than
the 45th day after the OCCC receives a debt cancellation agreement
submission, the OCCC will send a notice of approval or a notice of
denial to the person who submitted the agreement, as provided by Texas
Finance Code, §354.005(b). On the written request of the person
who submitted the agreement, the OCCC may agree in writing to extend
the approval period for an additional 45 days. The date of approval
or denial is the date on which the OCCC sends the notice of approval
or denial. The OCCC may deny approval of a debt cancellation agreement
if the agreement excludes language required by Texas Finance Code, §354.003
and §354.004, or if it contains any inconsistent or misleading
provisions.
(e) Appellant's notice of appeal. A person who submits
a debt cancellation agreement and receives a notice of denial from
the OCCC may appeal the denial by serving a notice of appeal on the
OCCC. The appellant must serve the notice of appeal no later than
the 30th calendar day after the date of denial. If a notice of appeal
is not served in accordance with this subsection, then the denial
becomes final and cannot be appealed.
(f) Contested case. If a person appeals the denial
of a debt cancellation agreement under subsection (e), then the appeal
will be a contested case under the Administrative Procedure Act, Texas
Government Code, Chapter 2001, and the rules of procedure applicable
under §9.1(a) of this title (relating to Application, Construction,
and Definitions). The burden of proof is on the appellant to show
that the agreement should have been approved under Texas Finance Code, §354.005.
(g) Proposal for decision. In connection with a contested
case under this section, the administrative law judge will issue a
proposal for decision to the commissioner. The proposal for decision
will include a recommendation regarding whether the OCCC's denial
of the agreement should be affirmed or reversed. The proposal for
decision may include a recommendation that costs be assigned to a
party, to the extent authorized by law.
(h) Final order. The commissioner will issue a final
order after review of the administrative law judge's proposal for
decision. The final order will include a statement of whether the
OCCC's denial of the agreement is affirmed or reversed. The final
order may include an assignment of costs to a party, to the extent
authorized by law.
(i) Judicial review of final order. A final order under
subsection (h) of this section may be appealed to a Travis County
district court, as provided by Texas Government Code, §2001.176.
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| Source Note: The provisions of this §84.309 adopted to be effective May 5, 2016, 41 TexReg 3120; amended to be effective September 7, 2017, 42 TexReg 4462; amended to be effective September 5, 2019, 44 TexReg 4717 |
