(a) Not later than the 30th day after the notice of denial is received by the applicant, according to the records of the department, the license applicant may request a hearing on the denial. A hearing request:
- (1) must be in writing;
- (2) must be addressed to the department at the address specified in §6.3 of this title (relating to Correspondence); and
- (3) must be received by the department in Austin prior to the 30th day after the date of receipt by the applicant of the written notice of denial.
- (b) If an applicant or a license holder does not request a hearing, a denial becomes final on the 30th day after receipt of written notice.
- (c) Petition for hearing. On receipt of a request for hearing from an applicant, within 30 days of receipt of such hearing request, the department shall file a petition and request a hearing in the appropriate justice court of the county of applicant's residence. The department shall send a copy of the petition to the applicant at the address specified in §6.3 of this title (relating to Correspondence). The justice court shall act as an administrative hearing officer and conduct a hearing to review the denial of license. The justice court shall schedule a hearing to be held not later than 60 days after the hearing request was received by the department. The hearing date may be reset on the motion of either party, by agreement of the parties, or by the court as necessary to accommodate the court's docket.
- (d) Evidence and procedure. The department may be represented by a district attorney or county attorney, the attorney general, or a designated member of the department. The applicant may be represented by an attorney. Both the applicant and the department may present evidence. The department is specifically authorized to utilize and to introduce into evidence certified copies of governmental records to establish the existence of certain events which could result in the denial of a license under the Act, including but not limited to records regarding convictions, judicial findings regarding mental competency, judicial findings regarding chemical dependency, or other matters that may be established by governmental records which have been properly authenticated. A hearing under this section is not subject to Texas Government Code, Chapter 2001 (Administrative Procedure Act). The justice court shall determine if the denial is supported by a preponderance of the evidence. If the court determines that the denial is supported by a preponderance of the evidence, then the court shall affirm the denial. If the court determines that the denial is not supported by a preponderance of the evidence, then the court shall order the department to immediately issue the license to the applicant.
Source Note:The provisions of this §6.32 adopted to be effective January 8, 1996, 20 TexReg 11128.