Texas Register, Volume 38, Number 51, Pages 9155-9408, December 20, 2013 Page: 9,226
9155-9408 p. ; 28 cm.View a full description of this periodical.
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215.201. Objective and Definitions.
(a) It is the objective of this subchapter to implement the intent
of the legislature as declared in Occupations Code, Chapter 2301, Sub-
chapter M (2301.601 - 2301.613) and Occupations Code, 2301.204.
These rules[, by prescribing rues to] provide a simplified and fair pro-
cedure for the enforcement of these provisions of the Code [and imple-
mentation of the Texas Lemon Law (t9eupations (,Code chapterr 2301O
Subchapter M) and consumer complaints coveredd by general warranty
agreements ( c upations Gode, 2301.204)], including the process-
ing of complaints, the conduct of hearings, and the formal or informal
disposition of complaints filed by owners [of motor vehicles] seeking
relief under these provisions of the Code. Practice and procedure in
contested cases heard by the State Office of Administrative Hearings
(SOAH) are provided for in Subchapter I of this chapter (relating to
Practice and Procedure for Hearings Conducted by the State Office of
Administrative Hearings) and the provisions of this subchapter to the
extent that the provisions do not conflict with SOAH rules.
(b) The following words and terms, when used in this subchap-
ter, shall have the following meanings, unless the context clearly indi-
cates otherwise.
(1) A --Has the meanin assigned by 2 2 of this
(2) FinTal Order Authority--The person s) authorized by
u pations CA Chapter 230- to issue a final order in a ease
under that chapter The final order authority for cases filed under
Oeeutpations odA, 2301.2044 shall be the Board or its designee- The
final order authority for eases filed under e pains e h"apter
230- Subchapter M shall be the director or his or her designee.]
(1) [(3)] Comparable Motor Vehicle--A new motor vehi-
cle, with comparable mileage, from the same manufacturer, converter
or distributor's product line and the same model year or newer as the
vehicle to be replaced or as reasonably equivalent to the motor vehicle
to be replaced.
(2) [(4)] Lemon Law--Refers to Occupations Code, Chap-
ter 2301, Subchapter M (2301.601 - 2301.613).
(3) [(5)] Owner--A person as defined by Occupations
Code, 2301.601(2).
(4) [(6)] Warranty Performance--Refers to Occupations
Code, 2301.204.
215.202. Filing of Complaints.
(a) Lemon Law Complaints.
(1) Complaints for relief under the lemon law must be writ-
ten and filed with the department by hand delivery to the department's
headquarters building in Austin [office], by mail to the address of the
department, or by e-mail or facsimile transmission to a department-des-
ignated e-mail address or facsimile number. Complaints may be sub-
mitted in letter or other written format, or on complaint forms provided
by the department.
(2) Complaints should state sufficient facts to enable the
department and the party complained against to know the nature of the
complaint and the specific problems or circumstances which form the
basis of the claim for relief under the lemon law.
(3) Complaints should provide the following information:
(A) name, address, and phone number of vehicle
owner;
(B) identification of vehicle by make, model, and year,
and manufacturer's vehicle identification number;(C) type of warranty coverage;
(D) name and address of dealer, or other person from
whom vehicle was purchased or leased, including the name and address
of the lessor, if applicable;
(E) date of delivery of vehicle to original owner; and in
the case of a demonstrator, the date the vehicle was placed into demon-
strator service;
(F) vehicle mileage at time vehicle was purchased or
leased, mileage when problems with vehicle were first reported, name
of dealer or manufacturer's, converter's, or distributor's agent to whom
problems were first reported, and current mileage;
(G) identification of existing problems and brief de-
scription of history of problems and repairs on vehicle, including date
and mileage of each repair, with copies of repair orders where possible;
(H) date on which written notification of complaint was
given to the vehicle manufacturer, converter, or distributor, and if the
vehicle has been inspected by manufacturer, converter, or distributor,
the date and results of such inspection; and
(I) any other information which the complainant be-
lieves to be pertinent to the complaint.
(4) The department's staff will provide information con-
cerning the complaint procedure and complaint forms to any person
requesting information or assistance.
(5) The filing fee required under the lemon law should be
remitted with the complaint by any form of payment accepted by the
department. The filing fee is nonrefundable, but a complainant who
prevails in a case is entitled to reimbursement of the filing fee. Failure
to remit the filing fee with the complaint will delay commencement of
the 150-day period referenced in paragraph (7) of this subsection and
may result in dismissal of the complaint.
(6) The commencement of a lemon law proceeding occurs
on the date of receipt of the filing fee by the department or its authorized
agent.
(7) If the hearings examiner [AM] has not issued an or-
der [a Proposal for Decision] within 150 days after the commence-
ment of the lemon law proceeding in accordance with paragraph (6)
of this subsection, department staff shall notify the parties by mail that
complainant may file a civil action in state district court to seek re-
lief under the lemon law. The notice will inform the complainant of
the right to continue the lemon law complaint through the department.
The 150-day period shall be extended upon request of the complainant
or if a delay in the proceeding is caused by the complainant.
(b) Warranty Performance Complaints (Repair-Only Relief).
(1) Complaints for warranty performance relief filed with
the department must comply with the requirements of subsection (a)(1)
- (3) of this section.
(2) No filing fee is required for a complaint filed for a war-
ranty performance claim.
(3) If the defect in the motor vehicle that is the subject of
the warranty performance complaint was reported to the manufacturer,
converter or distributor or its authorized agent prior to the expiration
of the warranty period, a complaint may be filed with the department
in accordance with this section.
(4) If the defect cannot be resolved pursuant to 215.205 of
this subchapter (relating to Mediation; Settlement), a hearing [before
an ALM] will be scheduled and conducted in accordance with this sub-38 TexReg 9226 December 20, 2013 Texas Register
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Texas. Secretary of State. Texas Register, Volume 38, Number 51, Pages 9155-9408, December 20, 2013, periodical, December 20, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth379981/m1/72/: accessed April 23, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.