Texas Register, Volume 23, Number 49, Part I, Pages 12009-12154, December 4, 1998 Page: 12,062
12009-12154 p. ; 28 cm.View a full description of this periodical.
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is changed to "person" in 101.23, 101.24, 101.25, 101.27 to
conform to the language in Chapter 552 of the Government
Code pertaining to rulemaking. Proposed amendments to
101.22 and 101.25 allow the options of electronic recording or
court reporter transcription of rulemaking hearings. Proposed
changes to 101.23 state that public comment will be accepted
before or during a rulemaking hearing and eliminate acceptance
of comment after the hearing is held. Proposed amendments
to 101.27 allow the Board to notify interested persons of
proposed or final rule action instead of requiring notification
to interested persons. Proposed changes to 101.28 add
formal and informal opinions to matters that are exempt from
rulemaking requirements.
Subchapter C refers to Adjudicative Proceedings and Hearings.
Proposed changes to 101.42 clarify requirements for notices of
hearing and add a presumption of service if the notice of hearing
is sent by certified mail. Proposed amendments to 101.43 no
longer require a reply to a notice of hearing, and add a section
stating that if a responding party does not reply nor appear at
the hearing on the merits, allegations contained in the notice of
hearing will be deemed admitted. Section 101.44 is amended
to no longer require hearings be held in Austin. Section 101.45
allows court reporter transcription or electronic recording at the
discretion of the hearing officer and allows waiver of the cost of
preparation of the agency record for court appeal.
Proposed amendments to 101.46 allow a hearing officer to
consolidate proceedings in the interest of judicial efficiency and
no longer require a formal notice of hearing to that effect. Seo-
tion 101.47 is amended to state that agreed orders proposed by
the parties remain subject to Board approval. Proposed amend-
ments to 101.51 properly cite the Texas Disciplinary Rules of
Professional Conduct and Texas Lawyer's Creed. Proposed
changes to 101.52 no longer allow introduction of testimony by
affidavit and require two copies of exhibits in adjudicative pro-
ceedings. Amendments to 101.57 allow for delivery of plead-
ings to be, in addition to United States mail, by actual delivery
or telephonic document transfer. Section 101.58 is amended
to allow the hearing officer to set a schedule for submission
of written summations at the close of a hearing on the merits.
Proposed amendments to 101.59 clarify that a hearing officer
shall serve his proposal for decision upon all parties. Proposed
changes to 101.60 and 101.62 reflect that the hearing officer
may allow extensions of times to file exceptions and replies to
exceptions to a proposal for decision. Proposed amendments
to 101.61 conform language to the Administrative Procedure
Act
Brett Bray, Director, Motor Vehicle Division, has determined that
for the first five-year period the sections are in effect there will
be no fiscal implications for state or local government as a result
of enforcing or administering the sections.
Mr. Bray has determined that for each year of the first five
years the sections are in effect, the public benefit anticipated
as a result of the amendments and new section will be to clarify
agency procedure by streamlining rule language and to codify
agency policies. There will be no effect on small businesses
as a result of complying with these sections. Mr. Bray has
also determined that for each year of the first five years the
proposals are in effect there will be no impact on employment
in the geographic areas affected by the implementing the
requirements of these sections.Comments on the proposals (15 copies) may be submitted to
Brett Bray, Director, Motor Vehicle Division, R O. Box 2293,
Austin, Texas, 78768. The Texas Motor Vehicle Board will
consider final adoption of the proposals at its March 4, 1999
meeting. The deadline for comments is February 3, 1999.
Subchapter A. General Rules
16 TAC 10l1-101.7, 10L9-101.13, 10115-101.16
The amendments are proposed under the Texas Motor Vehicle
Commission Code, 3.06, which providesthe Board with
authority to adopt rules necessary and convenient to effectuate
the provisions of the act
Texas Motor Vehicle Commission Code 1.02, 1.03, 2.01,
2.08, 2.09, 3.01, 3.02, 3.03, 3.04, 3.05, 3.06, 3.07A, 3.08,
3.08A, 4.06, 5.01A, 5.01B, 6.01, 6.01A, 6.07, 7.01 are affected
by the proposed amendments.
5101.1. Scope andPurpase.
These rules govern practice and procedure before the Texas Motor
Vehicle Board [ ie . The objective of these rules is to
insure fair, just, and impartial adjudication of the rights of parties
in all matters within the jurisdiction of the Texas Motor Vehicle
Commission Code and Chapter 503 of the Texas Transportation Code
hereinafter referred to as the "codes" ["eedj and to insure fair,
just, and effective administration of said codes [eede] in accordance
with the intent of the legislature as declared in the Texas Motor
Vehicle Commission Code, 1.02. This chapter shall apply only
as reasonably practicable to cases brought under 6.07 (the Lemon
Law) or 3.08(i) (warranty performance) of the Texas Motor Vehicle
Commission Code.
101.2. Defnitions; Conformity with Statutory Requirements
The definitions contained in the Texas Motor Vehicle Commission
Code and Chapter 503 of the Texas Transportation Code Joede] are
hereby adopted by reference. All matters of practice imd procedure
set forth in the codes [eed.] shall govern and these rules shall
be construed to conform with the codes [eedo in every relevant
particular, it being the intent of these rules only to supplement the
codes [oedj] and to provide procedures to be followed in instances
not specifically governed by the codes [eede]. In the event of a
conflict, the definition or procedure referenced in the Texas Motor
Vehicle Commission Code shall control.
(1) "Party in interest" means a party against whom a
binding determination cannot be had in a proceeding before the Board
[oeiftisio] without having been afforded notice and opportunity
for hearing.
(2) "Governmental agency" means all other state and local
governmental agencies of the State of Texas and all agencies of the
United States government, whether executive, legislative, or judicial.
101.3. Formal Opinions.
(a) General. Any person may request a formal opinion from
the Board [eemmais f] on any matter within the jurisdiction of the
Texas Motor Vehicle Board [Jemmission]. It is the policy of the
Board [eeJ m ii:on] to consider requests for formal opinions and,
where practicable, to inform the requesting party of the Board's
[eem'ieeie'e] views; provided, however, that a request will be
considered inappropriate for a formal opinion where the request
involves a matter which is under investigation or is the subject
of a current proceeding by the Board commissionn] or another
governmental agency, or where the request is such that an informed
opinion thereon can be given only after extensive investigation,
research, or collateral inquiry.23 TexReg 12062 December 4, 1998
Texas Register
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Texas. Secretary of State. Texas Register, Volume 23, Number 49, Part I, Pages 12009-12154, December 4, 1998, periodical, December 4, 1998; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth379985/m1/54/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.