1. (a) The division may file a complaint against a licensee alleging a violation of an advertising provision pursuant to Occupations Code, §2301.203, only if the division can show:

   1. (1) that the licensee who allegedly violated an advertising provision has received from the division 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. (2) that the licensee committed a subsequent violation of the same advertising provision within the period beginning 15 days and ending 12 months after the licensee has received the notice required by paragraph (1) of this subsection.

2. (b) An effective notice issued under subsection (a)(1) of this section must:

   1. (1) state that the division has reason to believe that the licensee violated an advertising provision and identify the provision;
   2. (2) set forth the facts upon which the division bases its allegation of a violation; and
   3. (3) state that if the licensee commits a subsequent violation of the same advertising provision within the time set forth in subsection (a)(2) of this section, the division will formally file a complaint.

3. (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. (1) appear in a newspaper of general circulation in the area in which the alleged violation occurred;
   2. (2) appear in that portion of the newspaper, if any, devoted to motor vehicle advertising;
   3. (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. (4) identify the alleged violation of the advertising provision and contain a statement of correction.
4. (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.