Texas Register, Volume 33, Number 9, Pages 1657-1906, February 29, 2008 Page: 1,686
1657-1906 p. ; 28 cm.View a full description of this periodical.
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(b) License transfers. An applicant must pay a non-refundable
investigation fee of $100 for the transfer of a license.
(c) Fingerprint processing. The non-refundable fee to investi-
gate each applicant's fingerprint record is $40 per set. This fee must
be paid for each set of fingerprints filed with an application for a new
license or a license transfer.
(d) License amendments.
(1) License amendment fees. A fee of $25 must be paid
each time a licensee seeks to amend a license by rendering a license
inactive, activating an inactive license, changing the assumed name of
the licensee, or relocating a licensed location.
(2) Registered office amendment fees. The fee for amend-
ing or relocating a registered office is $10.
(e) Annual renewal and examination assessments.
(1) An annual renewal fee is required for each licensee con-
sisting of:
(A) a licensed location fee of $75;
(B) a registered office fee of $10 per location; and
(C) a variable fee based upon the annual dollar volume
of contracts originated or acquired during the preceding calendar year.
(2) The maximum annual assessment for each active li-
cense shall be no more than $250 excluding the registered office fees.
(f) Licensed location or registered office duplicate certificates.
The fee for a duplicate certificate is $10.
(g) Costs of hearings. The commissioner may assess the costs
of an administrative appeal pursuant to Texas Finance Code, 14.207
for a hearing afforded under 84.608 of this title (relating to Processing
of Application), including the cost of the administrative law judge, the
court reporter, and agency staff representing the OCCC at a hearing.
84.612. Implementation Provisions of Licensing.
(a) Effective date. The effective date of the statutory licensing
requirement is September 1, 2002. After September 1, 2002, a motor
vehicle seller may not engage in any retail installment sales transac-
tion without a motor vehicle sales finance license granted under this
title. Any motor vehicle seller engaging in a motor vehicle sales fi-
nance transaction prior to September 1, 2002, must comply with Texas
Finance Code, 348.401 and 348.402, and 7 TAC, Part 1, Chapter 1,
Subchapter P, as those provisions were in effect. Failure to comply with
previously required registration provisions is grounds for denial of an
application made under 84.608 of this title (relating to Processing of
Application).
(b) Securitization of transactions. In the case of securitized
transactions, such as a transaction in which motor vehicle retail install-
ment sales contracts are held in trust or similar structure with partic-
ipatory interests in the structure transferred to investors, the licensing
requirements may be fulfilled either by the trust or other securitization
entity or by the servicer that is responsible for servicing the contracts
included in the securitized entity.
84.613. Effect of Criminal History Information on Applicants and
Licensees.
(a) Criminal history information. Upon submission of an ap-
plication for a license, a principal party of an applicant for a license
is investigated by the commissioner. In submitting an application for
a license, a principal party of an applicant for a license is required to
provide fingerprint information to the commissioner. Fingerprint in-
formation is forwarded to the Texas Department of Public Safety andto the Federal Bureau of Investigation to obtain criminal history record
information. The commissioner will continue to receive information
on new criminal activity reported after the fingerprints have been pro-
cessed. In the case of a new application or if the commissioner finds a
fact or condition that existed or, had it existed the license would have
been refused, the commissioner may use the criminal history record in-
formation obtained from law enforcement agencies, or other criminal
history information provided by the applicant or other sources, to issue
a denial or initiate an enforcement action. Criminal history informa-
tion relates to the OCCC's assessment of good moral character and the
information gathered is relevant to the licensing or enforcement action
decision as described below.
(b) Information on arrests, charges, indictments, and convic-
tions. In responding to the information requests in the application, all
arrests, charges, indictments, and convictions must be disclosed. The
applicant must, to the extent possible, secure and provide to the com-
missioner reliable documents or testimony evidencing the information
required to make a determination under subsection (d) of this section,
including the recommendations of the prosecution, law enforcement,
and correctional authorities. The applicant must also furnish proof in
such form as may be required by the commissioner that the principal
party of the applicant has maintained a record of steady employment,
has supported the principal party's dependents, and has otherwise main-
tained a record of good conduct. At a minimum, the principal party
must furnish proof that all outstanding court costs, supervision fees,
fines, and restitution as may have been ordered have been paid. Failure
to disclose arrests, charges, indictments, and convictions reflects neg-
atively on an applicant's honesty and moral character.
(c) Factors in determining whether conviction relates to occu-
pation of motor vehicle sales finance dealer. In determining whether
a criminal offense directly relates to the duties and responsibilities of
holding a license, the commissioner shall consider the following fac-
tors, as specified in Texas Occupations Code, 53.022:
(1) the nature and seriousness of the crime;
(2) the relationship of the crime to the purposes for requir-
ing a license to engage in the occupation;
(3) the extent to which a license might offer an opportunity
to engage in further criminal activity of the same type as that in which
the principal party previously had been involved; and
(4) the relationship of the crime to the ability, capacity, or
fitness required to perform the duties and discharge the responsibilities
of a license holder.
(d) Effect of criminal conviction on applicant or licensee.
(1) Effect of criminal convictions involving moral charac-
ter. The commissioner may deny an application for a license, or sus-
pend or revoke a license, if the applicant or licensee has a principal
party who has been convicted of any felony or of a crime involving
moral character that is reasonably related to the applicant's or licensee's
fitness to hold a license or to operate lawfully and fairly within Texas
Finance Code, Chapter 348. For purposes of this section, the crimes
listed below are considered to be crimes involving moral character:
(A) Fraud, misrepresentation, deception, or forgery;
(B) Breach of trust or other fiduciary duty;
(C) Dishonesty or theft;
(D) Assault;
(E) Violation of a statute governing lending of this or
another state;33 TexReg 1686 February 29, 2008 Texas Register
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Texas. Secretary of State. Texas Register, Volume 33, Number 9, Pages 1657-1906, February 29, 2008, periodical, February 29, 2008; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth90783/m1/27/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.