The department may suspend or revoke a license or impose an administrative penalty if the license holder:
- (1) fails to maintain the qualifications for a license;
- (2) violates any law relating to the purchase, sale, exchange, storage of salvage motor vehicles and non-repairable motor vehicles;
- (3) wilfully defrauds a purchaser;
- (4) fails to maintain purchase, sales, and inventory records as required by Occupations Code, Chapter 2302, or this chapter;
- (5) refuses to permit, or fails to comply with a request by the department to examine, during normal business hours, the license holder's records as required by Occupations Code, Chapter 2302 or this chapter;
- (6) engages in business without the required endorsement;
- (7) engages in business as a salvage vehicle dealer at a location for which a license has not been issued by the department;
- (8) fails to notify the department of a change of address or location within 10 days of such change by requesting and obtaining from the department an amendment to the salvage vehicle dealer's license;
- (9) fails to notify the department of a change of the salvage vehicle dealer's name or salvage vehicle dealer's ownership within 10 days of such change by requesting and obtaining from the department an amendment to the salvage vehicle dealer's license;
- (10) fails to notify the department of the termination of a salvage vehicle agent within 10 days after such termination;
- (11) fails to remain regularly and actively engaged in the business for which the salvage vehicle dealer license is issued;
- (12) sells more than five (5) non-repairable motor vehicles or salvage motor vehicles to the same person in a casual sale during a calendar year;
- (13) violates any of the provision of Occupations Code, Chapter 2302, Transportation Code, Chapters 501, 502, or 503, or any board rule or order promulgated under those statutes;
- (14) uses or allows use of the salvage vehicle dealer's or salvage vehicle agent's license or business location for the purpose of the license holder or another person avoiding Occupations Code, Chapter 2302, Transportation Code, Chapters 501, 502 or 503, or any board rule or order promulgated under those statutes;
- (15) violates any law, ordinance, rule or regulation governing the purchase, sale, exchange or storage of salvage motor vehicles, and non-repairable motor vehicles;
- (16) sells or offers for sale non-repairable motor vehicles or salvage motor vehicles from any location other than a licensed salvage vehicle dealer's business location that has been approved by the department;
- (17) is convicted of a felony after initial issuance or renewal of the salvage vehicle dealer or salvage vehicle agent license, or less than three (3) years have elapsed since the termination of the sentence, parole, mandatory supervision, or probation for a felony conviction of the license holder;
- (18) makes a false statement, material misrepresentation, or material omission in any application or other information filed with the department;
- (19) fails to timely remit payment for administrative penalties imposed by the department under Occupations Code, §2302.354 and this section;
- (20) engages in business without a license required under Occupations Code, Chapters 2301, or Transportation Code, Chapter 503;
- (21) operates a salvage motor vehicle or a non-repairable motor vehicle on the public highways or allows another person to operate a salvage motor vehicle or a non-repairable motor vehicle on public highways;
- (22) dismantles a salvage motor vehicle or non-repairable motor vehicle; or
- (23) deals in used automotive parts as more than an incidental part of the salvage vehicle dealer's primary business.
Source Note:The provisions of this §221.112 adopted to be effective December 9, 2015, 40 TexReg 8802.