AFLOA, LLC v. Texas Department of Motor Vehicles

Opinion

ACCEPTED 15-24-00003-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 12/18/2024 10:12 AM Ron Beal CHRISTOPHER A. PRINE Professor Emeritus & Attorney at Law CLERK 2530 Wooddale Circle RECEIVED IN 15th COURT OF APPEALS Waco, TX 76710 AUSTIN, TEXAS (254) 366-4198 12/18/2024 10:12:22 AM ron_beal@baylor.edu CHRISTOPHER A. PRINE Clerk

15th Court of Appeals December 18, 2024 P.O. Box 12547 Austin, TX 78711

Re: AFLOA, LLC v. TMVD Cause No: 15-24-00003-CV Amicus Letter Brief

Dear Honorable Justices of the 15th Court of Appeals:

I am not being compensated by anyone for the preparation, writing, or filing of this amicus letter brief.

I am solely concerned about the integrity of the Texas Administrative Law system and the fairness of administrative proceedings for our fellow Texas citizens and entities doing business in this State.

In response to this Court’s request as to whether the Appellant was required to file a second motion for rehearing based on the Appellee’s modification of the final order within the Denial of the Motion for Rehearing, the Appellant was not legally required to do so. The Appellee held:

Accordingly, IT IS ORDERED that: 1. The Motion for Rehearing is DENIED, 2. Respondent's General Distinguishing Number, P163448, is REVOKED. 3. The penalty of $500,000 assessed in the Final Order dated August 31, 2022, is REDUCED to $50,000. 4. All other penalties assessed in the Final Order dated August 31, 2022, are AFFIRMED.

The APA provides in part: A subsequent motion for rehearing is not required after a state agency rules on a motion for rehearing unless the order disposing of the original motion for rehearing (1) Modifies corrects or reforms in any respect the decision or order…other than….any modification, correction or reformation that does not change the outcome of the contested case, Tex. Gov’t Code, Section 2001.146(h)(1).

There has been no court determination of the exact meaning of the words, but in general they seem to be clear and unambiguous. The agency modified the fine, but otherwise affirmed the findings in the original order. That is exactly why the Appellant is before this Court currently asserting reversible error of the order. No changes made modify any legal issue of the Appellant being presented before this Court.

I humbly assert the submission and this Court’s rendition of the issues presented are lawfully before this Court.

Sincerely,

/s/ Ron Beal Ron Beal Attorney at Law Bar Card No. 24005041 2530 Wooddale Circle Waco, TX 76710 254-366-4198 ron_beal@baylor.edu

CERTIFICATE OF COMPLIANCE I certify that this document was produced on a computer using Microsoft Word and contains 402 words, as determined by the computer’s software’s word count function, excluding the sections of the document listed in Texas Rules of Appellate Procedure 9.4(i)(1). CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document has been served on December 18, 2024, by e-file and/or electronic mail in accordance with the Texas Rules of Civil Procedure to the following: Appellant AFLOA

Brandon L. Starling Susan G. White 2003 N. Lamar Blvd., Suite 100 Austin, TX 78705

Appellee TDMV

Ted A. Ross P.O. Box 12548, Capitol Station Austin, TX 78711-2548

Sincerely,

Ron Beal Ron Beal Bar Card No: 24005041 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Ronald Beal on behalf of Ronald Beal Bar No. 24005041 ron_beal@baylor.edu Envelope ID: 95442059 Filing Code Description: Letter Filing Description: Letter Status as of 12/18/2024 10:25 AM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Brandon Starling 24047556 bstarling@wso-law.com 12/18/2024 10:12:22 AM SENT

Jeff Lutz jeff.lutz@oag.texas.gov 12/18/2024 10:12:22 AM SENT

Ted Ross ted.ross@oag.texas.gov 12/18/2024 10:12:22 AM SENT

Susan White swhite@wso-law.com 12/18/2024 10:12:22 AM SENT