1. (a) Within three (3) working days after receipt of notice of a summary suspension for a Class B misdemeanor or equivalent offense only, an individual may request a stay of summary suspension by submitting a written request to the manager by mail or by fax at 512-424-7728.

2. (b) The written request for a stay of summary suspension must include all of the following:

   1. (1) the full name, mailing address, telephone number, fax number, social security number, license number, position with the company, and date of birth of the individual making the written request;
   2. (2) the arrest date, time, and location, and the offense title, arresting officer's name and department relating to the offense for which the stay request is made;
   3. (3) a statement as to whether the individual making the request for a stay of summary suspension was in the performance of an activity or duties involved in the operation of the individual's company or activities for which a license, board or registration would be required;
   4. (4) a detailed account of the circumstances leading up to, and resulting in the requesting individual's arrest;
   5. (5) an explanation as to why the summary suspension of the individual making the request for a stay would place an undue hardship on the company's continued operation;
   6. (6) a statement providing that the information in the written request for a stay of summary suspension is true and correct; and
   7. (7) any additional information requested by the manager.

3. (c) Upon receiving a written request for a stay of summary suspension, the manager may, at his discretion, consider the request under the following conditions:

   1. (1) the Class B misdemeanor offense does not involve violence, theft or fraud, as outlined in Board Policy 2001-01;
   2. (2) circumstances of the individual's arrest; and
   3. (3) any other information as may be required by the manager.
4. (d) If, in the discretion of the director, a stay of the summary suspension is granted, the requesting individual will be notified in writing by the manager within two working days after the request is received by the manager.
5. (e) No stay of summary suspension shall be effective until and unless the requesting party has received written confirmation of the stay from the manager.
6. (f) No stay of summary suspension shall remain in effect beyond the date of the next called meeting of the board following the request for a stay at which time the board members will consider the disposition of the matter. No continuance shall be granted.

Source Note:The provisions of this §35.51 adopted to be effective October 21, 2004, 29 TexReg 9686.