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(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 §503.06321 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); and
(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 10 calendar days from 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
within the 10-day period by demonstrating corrective actions taken
or that the department's determination was incorrect. If a resolution
is not agreed to prior to the end of the 10-day period, the department
will deny access to the temporary tag database.
(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 10-day
period or 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.
The agency certifies that legal counsel has reviewed
the proposal and found it to be within the state agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on November 1, 2021
TRD-202104378 Tracey Beaver
General Counsel
Texas Department of Motor Vehicles
Earliest possible date of adoption:
December 12, 2021
For further information, please call: (512) 465-5665
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