1. (a) Upon receipt of an appeal petition, the department shall determine whether the defendant is entitled to a 90-day stay of suspension pending appeal, in accordance with Texas Civil Statutes, Article 6687b-1, §7(h). For purposes of determining whether an appeal stays a suspension, the department will consider prior alcohol-related and drug-related enforcement contacts. For purposes of this subsection, alcohol-related and drug-related enforcement contacts occurring both prior to and after the effective date of ALR shall be considered. The date of a prior alcohol-related or drug-related enforcement contact, not the date of the conduct, shall be controlling.
2. (b) If a stay is granted pending appeal, it shall be effective from the date the petition is filed, not from the date of hearing or decision of the administrative law judge.
3. (c) A remand does not stay the suspension.
4. (d) To perfect service on the department of a judicial appeal of a final order in a contested ALR case pursuant to 1 TAC §159.37 (Appeal of Judge's Decision) and this section, a defendant must send by certified mail a copy of the defendant's appeal petition, certified by the clerk of the court in which the petition is filed, to the department at its headquarters in Austin. The certified copy must be addressed and mailed to Director of Hearings, ALR Program, Post Office Box 15327, Austin, Texas 78767-5327.
5. (e) If an affirmative finding by an administrative law judge is reversed on appeal, it is recommended that the appellant notify the department by mailing a file-stamped copy of the judgement from the appellate court to the department, addressed to Director of Hearings, ALR Program, Post Office Box 15327, Austin, Texas 78767-5327. Upon verification, the department shall remove references of the ALR suspension from the defendant's driving record if warranted.

Source Note:The provisions of this §17.11 adopted to be effective February 15, 1995, 20 TexReg 570; amended to be effective October 31, 1995, 20 TexReg 8455; amended to be effective February 28, 1997, 22 TexReg 1828.