An application for a new motor vehicle dealer's license for a dealership intended as a replacement for a previously existing dealership shall be deemed to be an application for a "replacement dealership" required to be established pursuant to Occupations Code, §2301.453, and shall not be subject to protest under the provisions of §215.105 of this subchapter (relating to Notification of License Application; Protest Requirements), provided that:

1. (1) the application states that the applicant is intended as a replacement dealership and identifies the prior dealership to be replaced;
2. (2) the manufacturer or distributor of the line-make gives notice to the division and to its other like-line dealers pursuant to Occupations Code, §2301.652(b) within 60 days following the closing of the prior dealership;
3. (3) the application is filed with the division not later than one year following the closing of the prior dealership; and
4. (4) the location of the applicant's proposed dealership is not greater than two miles from the location of the prior dealership.

Source Note:The provisions of this §215.109 adopted to be effective February 11, 2010, 35 TexReg 883; amended to be effective February 10, 2011, 36 TexReg 433.