- (a) An appeal to the department under Transportation Code, §643.2526 will be governed by Chapter 224 of this title (relating to Adjudicative Practice and Procedure).
- (b) An appeal will be considered untimely if it is not filed with the department by the 26th day after the date of the department's issuance of notice of the department's action. The department will not consider an untimely appeal.
- (c) An application that is withdrawn under Transportation Code, §643.055 is not a denial of an application for the purposes of an appeal under Transportation Code, §643.2526.
- (d) On appeal, the department will not rescind a revocation under Transportation Code, §643.252(b) based on the motor carrier taking corrective action that results in an upgrade to its unsatisfactory safety rating after the department has issued notice to the motor carrier that the department revoked the motor carrier's registration.
- (e) An appeal under Transportation Code, §643.2526 must state why the person claims the department's action is erroneous, as well as the legal and factual basis for the claimed error.
Source Note:The provisions of this §224.124 adopted to be effective June 1, 2024, 49 TexReg 2771; amended to be effective October 9, 2025, 50 TexReg 6528.