Current through Reg. 47, No. 14; April 8, 2022
A person who receives notice of suspension or
disqualification 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 or disqualification. Hearing
requests delivered to any other department address or telephone number will not
(2) A hearing request
must contain sufficient information to enable the department to identify the
defendant and to schedule the hearing, which information shall include the
following: the defendant's full legal name, date of birth, driver's license
number, the date of arrest, the county of arrest, the name of the law
enforcement agency which made the arrest, whether the defendant allegedly
failed or refused the specimen test or was not requested to submit a specimen,
and such additional nonprivileged information as may be requested by the
A hearing request
must be timely. In order to be considered timely, a hearing request containing
all of the information set forth in paragraph (2) of this section must be
received by the department at its headquarters in Austin at the address or
phone number contained in the notice of suspension not later than 5:00 p.m. on
the 15th day after:
(A) the date notice of
suspension or disqualification was served by a peace officer; or
(B) the date notice is presumed to have been
received, according to the records of the department.
(4) A hearing request which fails to include
one or more of the items of information required by paragraph (2) of this
section, or one containing incorrect information, will not be deemed to be
timely filed. Nothing in this section is intended to prevent a person making a
hearing request from supplementing or correcting information contained in a
hearing request, provided that such supplementation or correction is received
by the department before the deadline for filing a hearing request as set out
in paragraph (3) of this section.
(5) 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.
(6) Upon receipt of a timely hearing request,
the department shall schedule a hearing and mail written confirmation to the
(7) A timely hearing
request stays the suspension or disqualification pending a final affirmative
decision by the administrative law judge.
(8) The department will presume that notice
of hearing date, time, and location was received on the fifth day after the day
it was mailed.