SECTION 221.95. Delegation of Final Order Authority  


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  • (a) In accordance with Transportation Code, §1003.005(b), in cases brought under Occupations Code, Chapter 2302, the director of the division that regulates the distribution and sale of motor vehicles is authorized to issue a final order in a case without a decision on the merits, including, but not limited to a case resolved:

    (1) by settlement;

    (2) by agreed order;

    (3) by withdrawal of the complaint;

    (4) by dismissal for want of prosecution;

    (5) by dismissal for want of jurisdiction;

    (6) by summary judgment or summary disposition;

    (7) by default judgment; or

    (8) when a party waives opportunity for a hearing.

    (b) In contested cases in which the board has delegated final order authority under subsection (a) of this section, a motion for rehearing shall be filed with and decided by the final order authority delegate.

Source Note: The provisions of this §221.95 adopted to be effective December 9, 2015, 40 TexReg 8802