Texas § TN.547.205 - INITIATION OF COMPLIANCE PROCEEDING

§ TN.547.205. INITIATION OF COMPLIANCE PROCEEDING

INITIATION OF COMPLIANCE PROCEEDING. (a) The department may initiate a proceeding to determine whether an item of vehicle equipment complies with a department standard if the department reasonably believes that the item is being offered or distributed for sale or sold in violation of the standard. (b) The department shall send written notice of the proceeding to the manufacturer of the item by certified mail, return receipt requested. (c) The notice required by Subsection (b) must: (1) cite the standard that the item allegedly violates; and (2) state that the manufacturer must file a written request with the department for a hearing not later than the 30th day after the date the notice is received to obtain a hearing on the issue of compliance. (d) When the department sends notice under Subsection (b), the department shall require the manufacturer to submit to the department, not later than the 30th day after the date the notice is received, the names and addresses of the persons the manufacturer knows to be offering the item for sale to retail merchants. (e) On receipt under Subsection (d) of the names and addresses, the department shall send by certified mail, return receipt requested, written notice of the compliance proceeding to those persons. (f) The notice must: (1) cite the standard that the item allegedly violates; (2) state that the manufacturer of the item has been notified and may request a hearing on the issue of compliance before a stated date; (3) state that if the manufacturer or another person requests a hearing, the person may appear at the hearing; (4) state that if the manufacturer does not request a hearing, the person may request a hearing by filing a written request with the department not later than the 30th day after the date notice is received; and (5) state that the person may determine from the department whether a hearing will be held and the time and place of the hearing. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.