Section 215.270 - Enforcement(a) The department may file a Notice of Department Decision against a license holder alleging a violation of an advertising provision pursuant to Occupations Code, § 2301.203, provided the department can show:(1) that the license holder who allegedly violated an advertising provision has received from the department a notice of an opportunity to cure the violation by certified mail, return receipt requested, in compliance with subsection (b) of this section; and(2) that the license holder committed a subsequent violation of the same advertising provision.(b) An effective notice of an opportunity to cure issued under subsection (a)(1) of this section must: (1) state that the department has reason to believe that the license holder violated an advertising provision and must identify the provision;(2) set forth the facts upon which the department bases its allegation of a violation; and(3) state that if the license holder commits a subsequent violation of the same advertising provision, the department will file a Notice of Department Decision under §224.56 of this title (relating to Notice of Department Decision).(c) As a part of the cure procedure, the department may require a license holder who allegedly violated an advertising provision to publish a retraction notice to effect an adequate cure of the alleged violation. A retraction notice must: (1) appear in a newspaper of general circulation in the area in which the alleged violation occurred;(2) appear in the portion of the newspaper devoted to motor vehicle advertising, if any;(3) identify the date and the medium of publication, print, electronic, or other, in which the advertising alleged to be a violation appeared; and(4) identify the alleged violation of the advertising provision and contain a statement of correction.(d) A cure is made solely for the purpose of settling an allegation and is not an admission of a violation of these rules; Occupations Code, Chapter 2301; or other law.43 Tex. Admin. Code § 215.270
The provisions of this §215.270 adopted to be effective February 11, 2010, 35 TexReg 883; amended to be effective March 29, 2012, 37 TexReg 2087; Amended by Texas Register, Volume 42, Number 06, February 10, 2017, TexReg 589, eff. 2/13/2017; Amended by Texas Register, Volume 49, Number 17, April 26, 2024, TexReg 2745, eff. 6/1/2024