Section 224.232 - Filing a Complaint(a) The department will provide information concerning the complaint procedure and a complaint form to a person requesting assistance. A person may call the department or visit the department website for information or to file a complaint electronically.(b) A complaint alleging a violation of Occupations Code, § 2301.204 or Subchapter M, must be in writing and signed by the complainant, and: (1) 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 forming the basis of the claim for relief under the lemon law or warranty performance statute;(2) provide the following information: (A) the name, address, and telephone number of the motor vehicle owner;(B) the make, model, year, and Vehicle Identification Number or VIN of the motor vehicle;(C) the type of warranty coverage;(D) the name and address of the dealer or other person from whom the motor vehicle was purchased or leased, including the name and address of the vehicle lessor, if applicable;(E) the original date of delivery of the motor vehicle to the owner and in the case of a demonstrator, the date the motor vehicle was placed into demonstrator service;(F) the motor vehicle mileage at the time when:(i) the motor vehicle was purchased or leased;(ii) problems with the motor vehicle were first reported; and(iii) the complaint was filed;(G) the name of the dealer or the name of the manufacturer's, converter's, or distributor's agent to whom the problems were first reported;(H) identification of the motor vehicle's existing problems and a brief description of the history of problems and repairs on the motor vehicle, including:(i) the date and mileage of each repair; and(ii) a copy of each repair order where possible;(I) the date the motor vehicle manufacturer, distributor, or converter first received written notice of the alleged defect or nonconformity;(J) the date and results of the motor vehicle inspection, if the motor vehicle was inspected by the manufacturer, distributor, or converter; and(K) any other information the complainant deems relevant to the complaint.(c) A person may file a complaint with the department: (1) by mail sent to the mailing address listed on the department website at TxDMV.gov, or(2) electronically in the Motor Vehicle Dealer Online Complaint System which may be accessed on the department website.(d) Before investigating a claim, the department may require the complainant to provide additional information necessary to evaluate whether the department has jurisdiction to pursue the complaint.(e) The following provisions apply to lemon law complaints.(1) The filing fee required under the lemon law should be paid when the complaint is submitted to the department and may be paid online by credit card if filing a claim electronically or by check if mailing a complaint to the department. The filing fee is nonrefundable, but a complainant that prevails in a case is entitled to reimbursement of the filing fee from the nonprevailing party. Failure to pay the filing fee when submitting a complaint will delay the start of the 150-day period in paragraph (3) of this subsection and may result in dismissal of the complaint.(2) A lemon law proceeding commences on the date the filing fee is received by the department.(3) If the hearings examiner has not issued an order within 150 days after the commencement of the lemon law proceeding in accordance with paragraph (2) of this subsection, the department shall notify the parties by certified mail that the 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 complainant's right to continue the lemon law complaint with the department. The department shall extend the 150-day period upon request of the complainant or if a delay in the proceedings is caused by the complainant.(f) The following provisions apply to warranty performance complaints (repair-only relief). (1) A filing fee is not required for a complaint that is subject to a warranty performance claim.(2) A complaint may be filed with the department in accordance with this section if the defect in the motor vehicle subject to the warranty performance complaint was reported to the manufacturer, distributor, or converter prior to the expiration of the warranty period.(3) If the defect is not resolved pursuant to §224.238 of this title (relating to Mediation; Settlement or Referral for Hearing), the department will schedule a hearing to be conducted in accordance with Government Code, Chapter 2001, subject to Occupations Code, Chapter 2301, Subchapter O and this subchapter.(4) A hearings examiner will issue a final order on a warranty performance complaint. A party who disagrees with the order may oppose the order in accordance with §224.264 of this title (relating to Final Orders).43 Tex. Admin. Code § 224.232
Adopted by Texas Register, Volume 49, Number 17, April 26, 2024, TexReg 2788, eff. 6/1/2024