A person who receives notice of suspension may request a hearing as provided.
- (1) A hearing request must either be delivered in writing, including by facsimile transmission, or be transmitted by telephone, to the department at its headquarters in Austin, at the address or phone number contained in the notice of suspension.
- (2) A hearing request may be submitted on a form provided by the department. A hearing request must contain sufficient information to enable the department to identify the defendant and to schedule the hearing. The hearing request must include the defendant's full legal name, date of birth, driver's license number, the date of arrest, the county of arrest, and such additional non-privileged information as may be requested by the department to schedule the hearing.
(3) A hearing request must be timely. In order to be considered timely, a hearing request must be received by the department at its headquarters in Austin not later than 5:00 p.m. on the 15th day after:
- (A) the date notice of suspension was served by the arresting officer; or
- (B) the date notice is presumed to have been received, according to the records of the department.
- (4) The department shall reject any untimely hearing request. When a written hearing request is received and rejected, the department shall mail written notice to the defendant that the hearing request was received and rejected, and state the reason for rejection. When a telephone hearing request is received and rejected, the department shall mail a written notice of the reason for rejection only upon request.
- (5) Upon receipt of a timely hearing request, the department shall schedule a hearing and mail written confirmation to the defendant.
- (6) A timely hearing request stays the suspension pending a final affirmative decision by the administrative law judge.
- (7) The department will presume that notice of hearing date, time, and location was received on the fifth day after the day it was mailed.
Source Note:The provisions of this §17.8 adopted to be effective February 15, 1995, 20 TexReg 570.