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TITLE 43TRANSPORTATION
PART 10TEXAS DEPARTMENT OF MOTOR VEHICLES
CHAPTER 215MOTOR VEHICLE DISTRIBUTION
SUBCHAPTER BADJUDICATIVE PRACTICE AND PROCEDURE
RULE §215.31Cease and Desist Orders

(a) Whenever it appears to the Board that any person is violating any provision of the Codes or this chapter, the Board may, directly or through its representative, enter an interlocutory order requiring such person to cease and desist.

  (1) No interlocutory cease and desist order shall be granted without notice to the person against whom the order is requested unless it clearly appears from specific facts shown by affidavit or by the verified complaint that one or more of the situations enumerated in Occupations Code, §2301.802(b)(1) - (5) will occur before notice can be served and a hearing had thereon;

  (2) Every interlocutory cease and desist order granted without notice shall include the date and hour of issuance; shall state which of the situations enumerated in Occupations Code, §2301.802(b)(1) - (5) is found to necessitate the issuance of the order without notice; and shall set a date certain for a hearing as provided in these rules relating to adjudicative proceedings to determine the validity of the order and to allow the person against whom the order is issued to show good cause why the order should not remain in effect during the pendency of the proceeding;

  (3) The person against whom the interlocutory cease and desist order has been issued without notice may request that the hearing to determine the validity of the order be held earlier than the date set by the order;

  (4) Every cease and desist order granted with or without notice shall set forth the reasons for its issuance; shall be specific in terms; shall describe in reasonable detail and not by reference to the complaint or other document the act or acts sought to be restrained;

  (5) No cease and desist order, whether interlocutory or permanent, shall be granted unless the person requesting the order presents to the Board a petition or complaint verified by affidavit and containing a plain and intelligible statement of the grounds for such relief.

(b) The interlocutory decision on a request for cease and desist order shall be sufficient for a complaining party to seek judicial review of the matter as set out in Occupations Code, §2301.802(c) - (e). Upon appeal of an order issued pursuant to this subsection to the district court, as provided in the Code, the order may be stayed by the Board upon a showing of good cause by a party of interest.


Source Note: The provisions of this §215.31 adopted to be effective February 11, 2010, 35 TexReg 883; amended to be effective March 11, 2014, 39 TexReg 1728

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