1. (a) Revocation/Denial. The Board may revoke, deny or suspend a lessor or lease facilitator's license, or assess civil penalties, if that lessor or lease facilitator:

   1. (1) fails to maintain an established and permanent place of business conforming to §215.177 of this subchapter (relating to Established and Permanent Place of Business);

   2. (2) refuses to permit or fails to comply with a request by a representative of the division to examine the current and previous year's leasing records required to be kept under §215.178 of this subchapter (relating to Records of Leasing) and ownership papers for vehicles owned, leased, or under that lessor or lease facilitator's control, and evidence of ownership or lease agreement for the property upon which the business is located:

      1. (A) during normal working hours at the lessor's or lease facilitator's permanent place of business, or
      2. (B) through a request made by the division pursuant to these rules;
   3. (3) fails to notify the division of a change of address within ten days after such change;
   4. (4) fails to notify the division of a change of lessor/lease facilitator's name or ownership within ten days after such a change;
   5. (5) fails to observe the fee restrictions as described in Occupations Code, §2301.357 and §§2301.551 - 2301.556;
   6. (6) fails to maintain leasing and/or advertisement records as described in these rules;
   7. (7) fails to remain regularly and actively engaged in the business of leasing vehicles or facilitating the leasing of vehicles for which the license is issued;
   8. (8) violates any law relating to the sale, lease, distribution, financing or insuring of motor vehicles;
   9. (9) uses or allows use of a lessor or lease facilitator license for the purpose of avoiding any provisions of Occupations Code, Chapter 2301;
   10. (10) makes a material misrepresentation in any application or other information filed with the division;
   11. (11) fails to update in writing the list of lessors, including names and addresses, with which any lease facilitator executes leases within ten days of any changes to this list and upon renewal of the license;
   12. (12) violates any state or federal law relating to the leasing of new motor vehicles.
2. (b) Referral fees prohibited. A lessor or lease facilitator may not, directly or indirectly, accept a fee from a dealer for referring customers who purchase or consider purchasing vehicles.

Source Note:The provisions of this §215.175 adopted to be effective February 11, 2010, 35 TexReg 883.