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DMV Orders of Interest

 
The Texas Department of Motor Vehicles publishes contested enforcement action.  TIADA is providing summaries of public orders that you can review to enhance your compliance efforts. TIADA is not providing comment on the guilt or innocence of any parties involved. 
 

Texas Department of Motor Vehicles v. Dorsha Motors of Texas, LLC; DMV Docket No. 17-0178756.ENF, SOAH Docket No. 608-18-2991.ENF.

BACKGROUND AND DISCUSSION

Respondent was sent the initial Notice of Department Decision (NODD) on or about October 25, 2017. The Enforcement Division referred the contested case matter to SOAH on or about April 2, 2018. A First Amended NODD was sent on June 25, 2018. Both NODDs alleged 13 violations, but Staff withdrew Allegation No. 12 at the hearing on the merits, which was held July 23, 2018. The PFD was issued on September 27, 2018. The ALJ found six of the 12 violations pled. Respondent was alleged to have engaged in the following conduct:

1. Filed a false tax or title document, Allegation NODD Number(s): 1 (not substantiated)

2. Attached a buyer's temporary tag to a motor vehicle that did not have a valid report of inspection,

Allegation NODD Number(s): 2; 6; 7 (substantiated)

3. Failed to keep a complete record, Allegation NODD Number(s): 3; 10; 11 (not substantiated)

4. Filed an Application for Texas Certificate of Title containing

5. Offered for sale a motor vehicle that did not display the FTC Buyer's Guide, Allegation NODD

Number(s): 5 (substantiated)

6. Failed to remove and properly dispose of the issued Texas License plates and/or the registration insignia,

Allegation NODD Number(s): 8 (substantiated)

7. Failed to have the dealer or a bona fide employee present at the dealer's location during business hours,

Allegation NODD Number(s): 9 (substantiated)

8. Willfully defrauded a purchaser in regard to the sale of a 2003 Toyota by altering the actual mileage of

the odometer from 258,874 miles to 125,000, Allegation NODD Number(s): 13 (not substantiated).

The ALJ recommended a civil penalty totaling $1,200 based on four violations. However, the Board, not the ALJ, is the decision maker concerning sanctions in a contested case. Texas State Bd. of Dental Exam. v. Brown, 281 S.W.3d 692 (Tex. App. 2009). The Texas Occupations Code authorizes a civil penalty of up to $10,000 for each violation. The Texas Transportation Code authorizes a civil penalty of not less than $50 or more than $1,000. At the time of the hearing, Exhibit 4 was admitted into evidence. Exhibit 4 is the “Affidavit in Support of the Penalty Recommendation”. The affidavit recommended a civil penalty of $25,000 and revocation. Based on the Occupations Code and the Transportation Code, it is appropriate to assess a civil penalty of $1,000 per violation. The ALJ found six violations, so Staff recommends a civil penalty of at least $6,000.

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