If a hearing on suspension or denial is timely requested, the State Office of Administrative Hearings must hold it and record it, and the request stays the suspension or denial until the administrative law judge makes a final decision.
Sec. 724.041. HEARING ON SUSPENSION OR DENIAL. (a) If, not later than the 15th day after the date on which the person receives notice of suspension or denial under Section 724.032(a) or is considered to have received notice under Section 724.033, the department receives at its headquarters in Austin, in writing, including a facsimile transmission, or by another manner prescribed by the department, a request that a hearing be held, the State Office of Administrative Hearings shall hold a hearing. (b) A hearing shall be held not earlier than the 11th day after the date the person is notified, unless the parties agree to waive this requirement, but before the effective date of the notice of suspension or denial. (c) A request for a hearing stays the suspension or denial until the date of the final decision of the administrative law judge. (d) A hearing shall be held by an administrative law judge employed by the State Office of Administrative Hearings. (e) A hearing shall be held: (1) at a location designated by the State Office of Administrative Hearings: (A) in the county of arrest if the county has a population of 300,000 or more; or (B) in the county in which the person was alleged to have committed the offense for which the person was arrested or not more than 75 miles from the county seat of the county of arrest if the population of the county of arrest is less than 300,000; or (2) with the consent of the person requesting the hearing and the department, by telephone conference call. (f) The State Office of Administrative Hearings shall provide for the stenographic or electronic recording of a hearing under this subchapter. (g) An administrative hearing under this section is governed by Sections 524.032(b) and (c), 524.035(e), 524.037(a), and 524.040. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.164, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 444, Sec. 11, eff. Sept. 1, 2001. Amended by: Acts 2023, 88th Leg., R.S., Ch. 766 (H.B. 4528), Sec. 5, eff. September 1, 2023.