Texas Business & Commerce Code - Section 35.722. Enforcement; Investigation; Hearing
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§ 35.722. ENFORCEMENT; INVESTIGATION; HEARING. (a) In
this section:
(1) "Commission" means the Texas Commission of
Licensing and Regulation.
(2) "Department" means the Texas Department of
Licensing and Regulation.
(b) The department shall enforce Section 35.721 and may, as
necessary, investigate a merchant who has one or more contracts
that include a loss damage waiver.
(c) A person may file a complaint alleging a violation of
Section 35.721 with the department. The department shall
investigate the alleged violation on receipt of the complaint, and
may inspect any record relevant to the complaint.
(d) If, as a result of an investigation, the department
determines that a violation may have occurred, the commission shall
provide an opportunity for a hearing in the manner provided for a
contested case under Chapter 2001, Government Code.
(e) If, after opportunity for hearing, the commission
determines that the merchant has violated Section 35.721, the
commission may:
(1) impose an administrative penalty under Chapter 51,
Occupations Code; or
(2) award the complainant damages in an amount up to
the amount of the contract price for the merchandise.
Added by Acts 2003, 78th Leg., ch. 816, § 24.003, eff. Sept. 1,
2003.
Section: 35.591 35.60 35.61 35.62 35.71 35.72 35.721 35.722 35.73 35.74 35.81 35.82 35.83 35.84 35.85
Last modified: August 10, 2007
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