1. (a) Upon receipt of an application for a new motor vehicle dealer's license, including an application filed with the division by reason of the relocation of an existing dealership, the division shall give notice of the filing of the application to all dealer licensees who have standing to protest the application under Occupations Code, §2302.652. If no dealers with standing to protest are represented in the county or applicable 15-mile area, then no notice shall be given. Any such dealer licensee holding a franchise for the sale of the same line-make of a new motor vehicle as proposed for sale in the subject application may file with the division a notice of protest in opposition to the application and the granting of a license pursuant thereto, which notice shall be given in the following manner.

   1. (1) The notice of protest shall be in writing and shall be signed by an authorized officer or other official authorized to sign on behalf of the licensee filing the notice.
   2. (2) The notice of protest shall state the basis upon which the protest is made under Occupations Code, §2301.652(a), and shall state the reasons or grounds for the protest.
   3. (3) The notice of protest shall state that the protest is not made for purposes of delay or for any other purpose except for justifiable cause under Occupations Code, §2301.652(a).
2. (b) The provisions of this section shall not be applicable to any application filed with the division for a dealer license as a result of the purchase or transfer of an existing entity holding a current franchise license which does not involve any physical relocation of the purchased or transferred line-makes.

Source Note:The provisions of this §215.105 adopted to be effective February 11, 2010, 35 TexReg 883.