SECTION 215.202. Filing of Complaints

(a) Lemon law complaints.

(1) Complaints seeking relief under the lemon law must be in writing and filed with the department. A complaint filed with the department shall be delivered:

(A) in person to the department;

(B) by mail to the address of the department;

(C) by email to a department-designated email address; or

(D) by facsimile transmission to a department-designated facsimile number.

(2) Complaints may be submitted in letter or other written format, or on complaint forms provided by the department.

(3) Complaints shall 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.

(4) Complaints shall, at a minimum, provide the following information:

(A) the name, address, and telephone number of the motor vehicle owner;

(B) the identification of the motor vehicle, including the make, model, year, and manufacturer's VIN;

(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 date of delivery of the motor vehicle to the original 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, converter, or distributor received written notification of the complaint;

(J) the date and results of the motor vehicle inspection, if the motor vehicle was inspected by the manufacturer, converter, or distributor; and

(K) any other information the complainant deems relevant to the complaint.

(5) The department's staff will provide information concerning the complaint procedure and complaint forms to any person requesting assistance.

(6) 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 that prevails in a case is entitled to reimbursement of the filing fee from the nonprevailing party. Failure to remit the filing fee with the complaint will delay commencement of the 150-day period referenced in paragraph (8) of this subsection and may result in dismissal of the complaint.

(7) The commencement of a lemon law proceeding occurs on the date the filing fee is received by the department or its authorized agent.

(8) If the hearings examiner has not issued an order within 150 days after the commencement of the lemon law proceeding in accordance with paragraph (7) of this subsection, department staff shall notify the parties by 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 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) - (4) of this section.

(2) A filing fee is not required for a complaint that is subject to a warranty performance claim.

(3) 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, converter, distributor, or to an authorized agent prior to the expiration of the warranty period.

(4) If the defect is not resolved pursuant to §215.205 of this title (relating to Mediation; Settlement), a hearing will be scheduled and conducted in accordance with Government Code, Chapter 2001, subject to Occupations Code, Chapter 2301, Subchapter O and this subchapter.

(5) The final order authority will issue an order on the warranty performance complaint. A party who disagrees with the order may oppose the order in accordance with §215.207 of this title (relating to Contested Cases: Final Orders).

(6) Department staff will provide information concerning the complaint procedure and complaint forms to any person requesting assistance.

Source Note: The provisions of this §215.202 adopted to be effective July 5, 2012, 37 TexReg 4950; amended to be effective March 11, 2014, 39 TexReg 1728; amended to be effective February 13, 2017, 42 TexReg 571