| (a) Lemon Law Complaints.
(1) Complaints for relief under the lemon law must
be written and filed with the department by hand delivery to the Austin
office, by mail to the address of the department, or by e-mail or
facsimile transmission to a department-designated e-mail address or
facsimile number. Complaints may be submitted in letter or other written
format, or on complaint forms provided by the department.
(2) Complaints should state sufficient facts to enable
the department and the party complained against to know the nature
of the complaint and the specific problems or circumstances which
form the basis of the claim for relief under the lemon law.
(3) Complaints should provide the following information:
(A) name, address, and phone number of vehicle owner;
(B) identification of vehicle by make, model, and year,
and manufacturer's vehicle identification number;
(C) type of warranty coverage;
(D) name and address of dealer, or other person from
whom vehicle was purchased or leased, including the name and address
of the lessor, if applicable;
(E) date of delivery of vehicle to original owner;
and in the case of a demonstrator, the date the vehicle was placed
into demonstrator service;
(F) vehicle mileage at time vehicle was purchased or
leased, mileage when problems with vehicle were first reported, name
of dealer or manufacturer's, converter's, or distributor's agent to
whom problems were first reported, and current mileage;
(G) identification of existing problems and brief description
of history of problems and repairs on vehicle, including date and
mileage of each repair, with copies of repair orders where possible;
(H) date on which written notification of complaint
was given to the vehicle manufacturer, converter, or distributor,
and if the vehicle has been inspected by manufacturer, converter,
or distributor, the date and results of such inspection;
(I) any other information which the complainant believes
to be pertinent to the complaint.
(4) The department's staff will provide information
concerning the complaint procedure and complaint forms to any person
requesting information or assistance.
(5) The filing fee required under the lemon law should
be remitted with the complaint by any form of payment accepted by
the department. The filing fee is nonrefundable, but a complainant
who prevails in a case is entitled to reimbursement of the filing
fee. Failure to remit the filing fee with the complaint will delay
commencement of the 150-day period referenced in paragraph (7) of
this subsection and may result in dismissal of the complaint.
(6) The commencement of a lemon law proceeding occurs
on the date of receipt of the filing fee by the department or its
authorized agent.
(7) If the ALJ has not issued a Proposal for Decision
within 150 days after the commencement of the lemon law proceeding
in accordance with paragraph (6) of this subsection, department staff
shall notify the parties by mail that complainant may file a civil
action in state district court to seek relief under the lemon law.
The notice will inform the complainant of the right to continue the
lemon law complaint through the department. The 150-day period shall
be extended upon request of the complainant or if a delay in the proceeding
is caused by the complainant.
(b) Warranty Performance Complaints (Repair-Only Relief).
(1) Complaints for warranty performance relief filed
with the department must comply with the requirements of subsection
(a)(1) - (3) of this section.
(2) No filing fee is required for a complaint filed
for a warranty performance claim.
(3) If the defect in the motor vehicle that is the
subject of the warranty performance complaint was reported to the
manufacturer, converter or distributor or its authorized agent prior
to the expiration of the warranty period, a complaint may be filed
with the department in accordance with this section.
(4) If the defect cannot be resolved pursuant to §215.205
of this subchapter (relating to Mediation; Settlement), a hearing
before an ALJ will be scheduled and conducted in accordance with this
subchapter, and a Proposal for Decision on the complaint will be issued
to the department.
(5) Upon receipt of a Proposal for Decision from the
ALJ, the final order authority will issue an order on the warranty
performance complaint. A party who disagrees with the order may oppose
the order using the procedures described in §215.207 of this
subchapter (relating to Contested Cases: Proposals for Decision and
Final Orders).
(6) Department staff will provide information concerning
the complaint procedure and complaint forms to any person requesting
information or assistance.
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