Part VI.
Texas Motor Vehicle Board
Chapter 101.
Practice and Procedure
The Texas Motor Vehicle Board of the Texas Department of Transportation
adopts amendments to §§101.1-101.6, 101.9-101.13, 101.15, 101.16,
and new §101.14, relating to General Rules of agency operation; amendments
to 101.22-101.25, 101.27, and 101.28, relating to Rulemaking; and amendments
to 101.41-101.47, 101.49, 101.51, 101.52, 101.55, 101.57-101.64, relating
to Adjudicative Proceedings and Hearings, without changes to the proposed
text as published in the December 4, 1998 issue of the
Texas Register
(23 TexReg 12061). The text will not be republished.
Proposed amendments to §101.7, published in the same issue of the
General changes to rule language:
The Board is dividing previously undesignated heads into three subchapters.
These are Subchapter A, General Rules (§§101.1-101.16); Subchapter
B, Rulemaking (§§101.22-101.28); and Subchapter C, Adjudicative
Proceedings and Hearings (§§101.41-101.67). The Texas Motor Vehicle
Commission was renamed the Texas Motor Vehicle Board in 1992. The amendments
change all references from "commission" to "Board" throughout the chapter.
Additionally, the Motor Vehicle Board acquired jurisdiction over Chapter 503
of the Transportation Code in 1995. The amendments clarify that Board rules
apply to actions brought under or pertaining to the Transportation Code as
well as the Motor Vehicle Commission Code (TEX. REV. CIV. STAT., art. 4413(36)).
Other changes specific to each section:
In Subchapter A, General Rules, amendments to §101.1 clarify that
the rules in Chapter 101 apply only as reasonably practical in Lemon Law and
warranty performance cases where parties may appear without legal representation.
Changes to §101.2 require that, in the event of a conflict in language
between the Motor Vehicle Commission Code and the Transportation Code, the
definition or procedure described in the Motor Vehicle Commission Code will
control, and also clarify the definition of "governmental agency". Portions
of §101.3 and §101.5 are deleted to conform Board rules to the Public
Information Act. Section 101.4 is amended to distinguish informal opinions
from formal opinions described in §101.3. Changes to §101.9 describe
the document format of pleadings and petitions.
Section 101.10 is amended to require complaints alleging violations of
the codes be in writing and eliminates the requirement that the agency refer
complaints outside its jurisdiction to another appropriate governmental agency
having jurisdiction. Changes to §101.11 eliminate the requirement for
a bound hearing docket, thereby allowing computerization of master docket
files. Section 101.13(e) states that for a document to be timely filed, it
must be received pursuant to requirements in statutes or Board rules. Amendments
to §101.13 add orders of the Board, director or hearing examiner to those
items that may require filing deadlines.
Existing §101.14 is repealed and new §101.14 is simultaneously
adopted concerning Cease and Desist Orders. The new section clarifies the
requirements to obtain a cease and desist order and the manner in which a
cease and desist order may be appealed.
In Subchapter B, Rulemaking, the Board repeals §101.21 and §101.26,
because the authority to promulgate rules is in the statute and the rules
are redundant. The word "party" is changed to "person" in §§101.23,
101.24, 101.25, and 101.27 to conform to the language in Chapter 552 of the
Government Code pertaining to rulemaking. Amendments to §101.22 and §101.25
allow the options of electronic recording or court reporter transcription
of rulemaking hearings. 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. Amendments to §101.27 allow the
Board to notify interested persons of proposed or final rule action instead
of requiring notification to interested persons. 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. 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. 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.
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. Section 101.47 is amended to state that agreed
orders proposed by the parties remain subject to Board approval. Amendments
to §101.51 properly cite the Texas Disciplinary Rules of Professional
Conduct and Texas Lawyer's Creed. Changes to §101.52 no longer allow
introduction of testimony by affidavit and require two copies of exhibits
in adjudicative proceedings. Amendments to §101.57 allow for delivery
of pleadings 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. Amendments to §101.59 clarify that a hearing
officer shall serve his or her proposal for decision upon all parties. 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. Amendments to §101.61 conform language to the Administrative
Procedure Act.
No comments were received regarding adoptions of the amendments and new
section.
Subchapter A. General Rules
16 TAC §§101.1-101.6, 101.9-101.13, 101.15, 101.16
The amendments in Subchapter A are adopted under the Texas
Motor Vehicle Commission Code, §3.06, which provides the 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 amendments.
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 March
15, 1999.
TRD-9901543
Brett Bray
Director, Motor Vehicle Division
Texas Motor Vehicle Board
Effective date: April 4, 1999
Proposal publication date: December 4, 1998
For further information, please call: (512) 416-4899
16 TAC §101.14
The new section in Subchapter A is adopted under the Texas
Motor Vehicle Commission Code, §3.06, which provides the Board with authority
to adopt rules as 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 new section.
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 March
15, 1999.
TRD-9901544
Brett Bray
Director, Motor Vehicle Division
Texas Motor Vehicle Board
Effective date: April 4, 1999
Proposal publication date: December 4, 1998
For further information, please call: (512) 416-4899
16 TAC §§101.22-101.25, 101.27, 101.28
The amendments to Subchapter B are adopted under the Texas
Motor Vehicle Commission Code, §3.06, which provides the Board with authority
to adopt rules as 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 amendments.
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 March
15, 1999.
TRD-9901545
Brett Bray
Director, Motor Vehicle Division
Texas Motor Vehicle Board
Effective date: April 4, 1999
Proposal publication date: December 4, 1998
For further information, please call: (512) 416-4899
16 TAC §§101.41-101.47, 101.49, 101.51, 101.52, 101.55, 101.57-101.64
The amendments to Subchapter C are adopted under the Texas
Motor Vehicle Commission Code, §3.06, which provides the Board with authority
to adopt rules as 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 amendments.
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 March
15, 1999.
TRD-9901546
Brett Bray
Director, Motor Vehicle Division
Texas Motor Vehicle Board
Effective date: April 4, 1999
Proposal publication date: December 4, 1998
For further information, please call: (512) 416-4899
The Texas Motor Vehicle Board of the Texas Department of Transportation
simultaneously adopts the repeal and new §101.14, Cease and Desist Orders
and adopts the repeal of §101.21, Institution of Rulemaking Proceedings,
§101.26, Promulgation by the Commission, and §101.65, Reports of
Compliance, without changes to the proposed text as published in the December
4, 1998 issue of the
Texas Register
(23 TexReg
12068).
The Board determined that Subchapter A, §101.14, Cease and Desist
Orders, should be repealed and new §101.14, which more clearly describes
the procedures for obtaining and appealing cease and desist orders, should
be adopted in its place. The Board also determined that Subchapter B, §101.21
and §101.26 (Institution of Rulemaking Proceedings and Promulgation by
the Commission) are not necessary because the authority to promulgate rules
and institute rulemaking hearings is inherent in the statute. The Board repeals
Subchapter C, §101.65, Reports of Compliance, because notice of failure
to comply with a cease and desist order is generally brought to the Board's
attention by other means, making this requirement unnecessary.
The Board received no comments on the proposed repeals.
Subchapter A. General Rules
16 TAC §101.14
The repeal of §101.14 is adopted under the Texas Motor
Vehicle Commission Code, §3.06, which provides the Board with authority
to adopt rules necessary and convenient to effectuate the provisions of the
act.
Texas Motor Vehicle Commission Code §§3.06, 3.08(a) and (c),
and 6.01A(b) are affected by the repeal.
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 March
15, 1999.
TRD-9901547
Brett Bray
Director, Motor Vehicle Division
Texas Motor Vehicle Board
Effective date: April 4, 1999
Proposal publication date: December 4, 1998
For further information, please call: (512) 416-4899
Subchapter B. Rulemaking
Subchapter C. Adjudicative Proceedings and Hearings
Chapter 101.
Practice and Procedure
Subchapter B. Rulemaking