| (a) The hearing will be scheduled by the department
in the county of residence as indicated in the department's records
at the time the notice was mailed to the individual or as provided
by the licensee on the hearing request.
(b) If the licensee is no longer a resident of Texas,
the hearing will be scheduled in the last known county of residence,
as indicated in the department's records.
(c) A request to reschedule or continue the hearing
must be made through the court and the department's hearing examiner.
Phone number and addresses of both parties will be provided in the
hearing notification.
(d) The presiding officer will make a determination
on the evidence provided at the hearing. If the presiding officer
affirms the department's recommendation to suspend the driver license
or to disqualify the commercial driver license, the length of the
suspension or disqualification shall be set according to the appropriate
statute. The presiding officer may probate the suspension of a driver
license. Revocations and disqualifications cannot be probated.
(e) Evidence from the department may include a certified
copy of the driving record, reliable report, or other documents maintained
by the department. If the person does not have a Texas driver license
the department may introduce a copy of the driver history information
maintained by the department.
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