TITLE economic-regulation

Part VI. Texas Motor Vehicle Commission

Chapter 101. Practice and Procedure

The Texas Motor Vehicle Board of the Texas Department of Transportation adopts an amendment to §101.52, concerning evidence without changes to the proposed text as published in the September 5, 1997, issue of the Texas Register (22 TexReg 8824).

The amendment to §101.52 allows an Administrative Law Judge, under appropriate circumstances as defined under the Texas Government Code, Chapter 2001, to take official notice of information listed in Motor Vehicle Division licensing files as necessary to improve the efficiency and effectiveness of the administrative process.

The effect of the amendments to §101.52 will be to allow Administrative Law Judges, under the Texas Motor Vehicle Commission Code, to fully perform all functions in a contested case hearing and to use official notice as a tool in the hearing process to conserve time and resources of the agency and those who practice before it.

Comments against the proposed amendment expressed concern that official notice of licensing files would have the effect of admitting information as true without requiring authentication or supporting evidence.

Written comments were filed by the American Automobile Manufacturers Association (AAMA). Oral comment was received from Mr. Merritt Spencer, attorney, representing AAMA.

The amendment is adopted under §3.06 of the Texas Motor Vehicle Commission Code, Article 4413(36) and (36a), Texas Revised Civil Statutes, which provides the Board with the authority to adopt rules necessary and convenient to effectuate the provisions of the Code and to govern practice and procedure before the agency.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 9, 1998.

TRD-9800382

Brett Bray

Director

Texas Motor Vehicle Commission

Effective date: January 29, 1998

Proposal publication date: September 5, 1997

For further information, please call: (512) 416-4800

Chapter 103. General Rules

16 TAC §103.1, §103.4

The Texas Motor Vehicle Board of the Texas Department of Transportation adopts amendments to §103.1 concerning representative defined, and §103.4, concerning notice of license application; protest requirements without changes to the proposed text as published in the September 5, 1997, issue of the Texas Register (22 TexReg 8824).

The amendment to §103.1 reflects legislative changes to §1.03 of the Texas Motor Vehicle Commission Code. The rule formerly indicated that the statutory definition of "representative" could be found at Texas Motor Vehicle Commission Code, §1.03(7) when it is actually at §1.03(31). The amendment corrects the citation by generally referring to §1.03 of the Motor Vehicle Commission Code.

The amendment to §103.4 conforms the rule to legislative changes to §4.06(e) of the Texas Motor Vehicle Commission Code which no longer grants like-line dealers the right to protest the granting of an application for the relocation of an existing dealership if the proposed relocation site is not farther than one mile from the site from which the dealership is being relocated. The amendment to §103.4 adds language reflecting this additional restriction.

The effect of the correcting the citation in §103.1 and limiting the notice of protest and the protest right in §103.4 is consistent with legislative amendments to the Texas Motor Vehicle Commission Code, and will benefit the public by conserving the time and resources of the agency, as well as those of the licensee body.

Written and oral comments regarding §103.1 suggested that the rule be additionally revised to limit licensure to representatives who reside in Texas, routinely travel to Texas or are a primary contact for the manufacturer regarding sales and service.

Written comments on the proposed amendment to §103.1 were filed by the American Automobile Manufacturers Association (AAMA). Oral comment was received from Mr. Merritt Spencer, attorney, representing AAMA. No written or oral comments on proposed amendments to §103.4 were filed.

The amendments are adopted under §3.06 of the Texas Motor Vehicle Commission Code, Article 4413(36) and (36a), Texas Revised Civil Statutes, which provides the Board with the authority to adopt rules necessary and convenient to effectuate the provisions of the Code and to govern practice and procedure before the agency.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 9, 1998.

TRD-9800383

Brett Bray

Director

Texas Motor Vehicle Commission

Effective date: January 29, 1998

Proposal publication date: September 5, 1997

For further information, please call: (512) 416-4800

16 TAC §103.2

The Texas Motor Vehicle Board of the Texas Department of Transportation adopts the repeal of §103.2, concerning records without changes which appeared in the September 5, 1997, issue of the Texas Register (22 TexReg 8825).

The repeal of §103.2 deletes an obsolete provision of the agency rules regarding public access to agency records. The rule indicated that records of the Board shall be public documents and open to inspection during regular office hours, unless the Board or director determined that any specific portion of such records is made confidential or privileged by any applicable law, or if such records contain a secret process, information on the personal wealth or affairs of an individual, or the personnel records of an individual, publication of which could serve no bona fide purpose, in which case such records shall not be available for public inspection. The repeal of this rule eliminates the appearance of conflict with the Texas Government Code, §552 (the Public Information Act or Open Records Act

The effect of the repeal is to eliminate potential confusion and conserve the time and resources of the agency and those entities seeking information from the agency.

No comments on the proposed repeal of §103.2 were received.

The repeal is adopted under §3.06 of the Texas Motor Vehicle Commission Code, Article 4413(36) and (36a), Texas Revised Civil Statutes, which provides the Board with the authority to adopt rules necessary and convenient to effectuate the provisions of the Code and to govern practice and procedure before the agency.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 9, 1998.

TRD-9800381

Brett Bray

Director

Texas Motor Vehicle Commission

Effective date: January 29, 1998

Proposal publication date: September 5, 1997

For further information, please call: (512) 416-4800