(a) The Board may file a complaint against a licensee alleging a violation of an advertising provision pursuant to Occupations Code, §2301.203, only if the Board can show:
- (1) that the licensee who allegedly violated an advertising provision has received from the Board a notice of an opportunity to cure the violation by certified mail, return receipt requested, in compliance with subsection (b) of this section relating to effectiveness of notice; and
- (2) that the licensee committed a subsequent violation of the same advertising provision.
(b) An effective notice issued under subsection (a)(1) of this section must:
- (1) state that the Board has reason to believe that the licensee violated an advertising provision and identify the provision;
- (2) set forth the facts upon which the Board bases its allegation of a violation; and
- (3) state that if the licensee commits a subsequent violation of the same advertising provision, the Board will formally file a complaint.
(c) As a part of the cure procedure, the Board may require a licensee, who allegedly violated an advertising provision, to publish a retraction notice to effect an adequate cure of the alleged violation. An adequate retraction notice must:
- (1) appear in a newspaper of general circulation in the area in which the alleged violation occurred;
- (2) appear in that portion of the newspaper, if any, devoted to motor vehicle advertising;
- (3) identify the date and the medium of publication, print, electronic or other, in which the advertising alleged to be a violation appeared; and
- (4) identify the alleged violation of the advertising provision and contain a statement of correction.
- (d) Performance of a cure is made solely for the purpose of settling an allegation and is not an admission of a violation of these rules, the Code, or other law.
Source Note:The provisions of this §215.270 adopted to be effective February 11, 2010, 35 TexReg 883; amended to be effective March 29, 2012, 37 TexReg 2087.