1. (a) In accordance with Occupations Code, §2301.154(c) and Transportation Code, §1003.005(b), except as provided by subsection (b) of this section, the director of the division that regulates the distribution and sale of motor vehicles is authorized to issue, where there has not been a decision on the merits, a final order in a contested case under Subchapters B and C, including, but not limited to a contested case resolved:

   1. (1) by settlement;
   2. (2) by agreed order;
   3. (3) by withdrawal of the complaint;
   4. (4) by withdrawal of a protest;

   5. (5) by dismissal for want of prosecution including:

      1. (A) failure of a complaining or protesting party to participate in scheduling mediation or to appear at mediation as required under Subchapter C of this chapter (relating to Contested Cases Between Motor Vehicle Industry License Holders or Applicants);
      2. (B) failure of a complaining or protesting party to respond to department requests for information or scheduling matters;
      3. (C) failure of a complaining or protesting party to dismiss a contested case that has been resolved by the parties;
   6. (6) by dismissal for want of jurisdiction;
   7. (7) by summary judgment or summary disposition;
   8. (8) by default judgment; or
   9. (9) when a party waives opportunity for a contested case hearing.
2. (b) In accordance with Occupations Code, §2301.704 and §2301.711, a hearings examiner is authorized to issue a final order in a contested case brought under Occupations Code, §2301.204 or §§2301.601-2301.613.
3. (c) In accordance with Transportation Code, §1003.005, the director of the department's Motor Carrier Division is delegated the authority to issue a final order in contested cases under Subchapter D of this chapter excluding contested cases for which the department's director, as defined by Transportation Code, §643.001, is expressly authorized to issue the final order under Transportation Code, Chapter 643.

4. (d) In accordance with Transportation Code, §1003.005, the director of the department's Motor Carrier Division is authorized to issue a final order in a contested case under §224.294 of this title (relating to Suspension, Revocation, or Cancellation of Automated Motor Vehicle Authorization under Transportation Code, §545.459) when:

   1. (1) a SOAH ALJ has not submitted a proposal for decision to the department for consideration by the final order authority; or
   2. (2) a SOAH ALJ submits a proposal for decision regarding a default proceeding to the department for consideration by the final order authority.
5. (e) In a contested case in which the board has delegated final order authority under subsection (a), (c) or (d) of this section, a motion for rehearing shall be filed with and decided by the final order authority delegate.

Source Note:The provisions of this §224.29 adopted to be effective June 1, 2024, 49 TexReg 2771; amended to be effective February 27, 2026, 50 TexReg 6258.