| (a) Acquisition of jurisdiction. SOAH acquires jurisdiction
over a case involving a particular hearing request on the date when
sufficient information required by SOAH for the scheduling of an ALR
proceeding is electronically transmitted by DPS to the SOAH Chief
Clerk's Office.
(b) Effect of acquisition of jurisdiction by SOAH.
Once SOAH acquires jurisdiction, SOAH shall promptly schedule the
hearing in accordance with §159.201 of this title (relating to
Scheduling and Notice of Hearing), and DPS and the defendant may initiate
discovery or move for appropriate relief.
(c) Commencement of time periods. A period of time
established by these rules shall not begin to run until the hearing
is initially scheduled by SOAH.
(d) Cessation of Jurisdiction. SOAH jurisdiction over
a case involving a particular hearing request ends upon the date the
SOAH judge issues a final decision or order of dismissal, and if applicable,
the deadline for any post-judgement motions has passed. Thereafter,
jurisdiction may only be extended by order of the judge to:
(1) reinstate a case as provided by §159.203(c)
of this title (relating to Involuntary Dismissal);
(2) vacate a default as provided by §159.213(f)
of this title (relating to Failure to Attend Hearing and Default);
or
(3) correct a decision as provided by §159.254
of this title (relating to Correction of Final Decision).
(e) After the cessation of jurisdiction, SOAH has concluded
its involvement in the matter and has no continuing jurisdiction,
including that SOAH has no authority to enforce or correct the Department's
administration of a suspension, revocation, or reinstatement of a
driver's license.
|
| Source Note: The provisions of this §159.51 adopted to be effective January 20, 2009, 34 TexReg 330; amended to be effective January 1, 2017, 41 TexReg 9459; amended to be effective August 4, 2024, 49 TexReg 5758 |
