16 TAC §107.6
The Texas Motor Vehicle Board of the Texas Department of
Transportation adopts an amendment to 16 TAC §107.6, concerning conducting
hearings by written submission or by telephone under the lemon law, as published
in the February 6, 2004, issue of the
Texas Register
(29 TexReg 1141). Section 107.6 is adopted without changes and will
not be republished.
Explanation of Amendment
The amendment adds a new paragraph authorizing hearings to be held by written
submission only or by telephone when agreed to by the parties and approved
by the hearing officer. The amendment also provides that renumbered paragraphs §107.6(8),
pertaining to each party being questioned by the other party, and §107.6(11),
pertaining to all hearings being recorded on tape by the hearing officer,
will not apply when hearings are conducted by written submissions only. In
addition, the amendment clarifies that renumbered paragraph §107.6(9),
pertaining to the requirement for the complainant to bring the vehicle to
the hearing for the purpose of having the vehicle inspected and test driven,
will not apply when the hearing is by written submission only or by telephone.
Lastly, the amendment makes non-substantive changes by correcting outdated
references due to the codification of the former Texas Motor Vehicle Commission
Code, art. 4413(36) and (36a), Texas Revised Civil Statutes, as Chapter 2301
of the Texas Occupations Code.
The amendment was proposed in an effort to improve efficiency and streamline
complaint processing by negating the requirement for an in-person hearing
upon agreement of the parties and the approval of the hearing officer. In
addition, the public will have a clearer understanding of the hearing options
available. The public will also benefit by a reduction in complaint processing
times and by a reduction in hearing costs.
Summary of Comments
No written comments were received on the proposal. No oral comments were
received at the public hearing on March 25, 2004.
Statutory Authority
The Board is authorized to adopt the amendment under Texas Occupations
Code §2301.155, which provides the Board with the authority to adopt
rules as necessary and convenient to administer Chapter 2301 and to govern
practice and procedure before the Board.
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 April 1, 2004.
TRD-200402242
Brett Bray
Director
Texas Motor Vehicle Board
Effective date: April 21, 2004
Proposal publication date: February 6, 2004
For further information, please call: (512) 416-4899