Texas Occupations Code

Sec. § 1201.407
Disagreement of Parties; Informal Dispute Resolution Process


If a preliminary determination is disputed, the department shall conduct an informal dispute resolution process, including a home inspection if appropriate, to resolve the dispute.


For a preliminary determination that has been disputed to become final and valid, the department shall make any changes the director determines to be appropriate and issue another written preliminary determination as to the responsibility and liability of the manufacturer, retailer, broker, and installer.


Before making a final determination, the department shall allow a license holder 10 days to comment on this preliminary determination.


After consideration of the comments, if any, the director shall issue a final determination.


The final determination may be appealed to the board on or before the 10th day after the date of its issuance by giving written notice to the director, who shall place the matter before the board at the next meeting held on a date for which the matter could be publicly posted as required by Chapter 551 (Open Meetings), Government Code.


Any license holder or surety, as applicable, is bound by the department’s final determination of responsibility and liability.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 49, eff. January 1, 2008.

Last accessed
Jun. 7, 2021