| (a) In this section "fraudulently obtained temporary
tags from the temporary tag database" means a dealer or converter
account user misusing the temporary tag database authorized under
Transportation Code §503.0626 or §503.0631 to obtain:
(1) an excessive number of temporary tags relative
to dealer sales;
(2) temporary tags for a vehicle or vehicles not in
the dealer's or converter's inventory (a vehicle is presumed not to
be in the dealer's or converter's inventory if the vehicle is not
listed in the relevant monthly Vehicle Inventory Tax Statement); or
(3) access to the temporary tag database for a fictitious
user or person using a false identity.
(b) The department shall deny a dealer or converter
access to the temporary tag database effective on the date the department
sends notice electronically and by certified mail to the dealer or
converter that the department has determined, directly or through
an account user, the dealer or converter has fraudulently obtained
temporary tags from the temporary tag database. A dealer or converter
may seek a negotiated resolution with the department by demonstrating
corrective actions taken or that the department's determination was
incorrect.
(c) Notice shall be sent to the dealer's or converter's
last known email and mailing address in the department's records.
(d) A dealer or converter may request a hearing on
the denial as provided by Subchapter O, Chapter 2301, Occupations
Code. The request must be submitted in writing and request a hearing
under this section. The department must receive a written request
for a hearing within 26 days of the date of the notice denying access
to the database. The request for a hearing does not stay the denial
of access under subsection (b) of this section. A dealer may continue
to seek a negotiated resolution with the department after a request
for hearing has been submitted under this subsection by demonstrating
corrective actions taken or that the department's determination was
incorrect.
(e) The department may also issue a Notice of Department
Decision stating administrative violations as provided in §215.500
concurrently with the notice of denial of access under this section.
A Notice of Department Decision may include notice of any violation,
including a violation listed under subsection (a) of this section.
(f) A department determination and action denying access
to the temporary tag database becomes final if the dealer or converter
does not request a hearing or enter into a settlement agreement with
the department within 26 days of the date of the notice denying access
to a database.
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