- (a) Request deadline. A request for hearing sent by a person or his authorized representative must be received by the department within 15 days of the date the person received, or is presumed to have received, the notice of suspension or denial served by a peace officer.
(b) Manner of Requesting Hearing. A hearing may be requested in writing or by telephone.
- (1) Written Requests. A person may request a hearing by mailing, delivering or sending by facsimile a written request to the department at its headquarters in Austin, Texas. A request for hearing form supplied by the department with the Notice of Suspension may be used to make the request.
- (2) Telephone Requests. A person may request a hearing by calling the department at the number designated in the Notice of Suspension or Request for Hearing form.
- (c) Effect of Late Request. A request for hearing received after the 15 day deadline indicated in subsection (a) of this section shall be denied by the department.
- (d) Waiver of Request for Hearing. The defendant may waive the request for hearing at any time before the administrative order is final. If the defendant requests a waiver after the notice of hearing issues, the Judge will enter an order accepting the waiver.
- (e) Rescission of Notice of Suspension. If, after issuing a notice of hearing, the department rescinds a notice of suspension, it shall immediately inform the Office of the rescission. The Office may, on its own motion, dismiss any case from its docket once the notice of suspension has been rescinded.
Source Note:The provisions of this §159.7 adopted to be effective December 30, 1994, 19 TexReg 10221; amended to be effective March 2, 1999, 24 TexReg 1320.