| (a) A person who knowingly falsifies information or
certifications on an application for a commercial driver license (CDL)
is subject to a 60 day cancellation of the person's CDL, commercial
driver learner's permit, or application.
(b) Within 30 days after discovering that the applicant
has provided false information, the director of the department or
his designee will notify the person that his CDL, commercial driver
learner's permit, or application will be canceled for 60 days beginning
on the 20th calendar day after notification. Date of notification
is the date appearing at the top of the cancellation order issued
to the person. Proper notification is presumed if the notification
is mailed by first-class mail to the applicant or licensee at the
last mailing address on file with the department. The department may,
alternatively, personally serve the notification and order. If the
cancellation order is personally served, the person may choose to
have the 60 day cancellation period effective immediately upon service.
(c) A person may appeal the cancellation order by timely
requesting a hearing in writing. The request for hearing must be received
by the department before the effective date of cancellation for the
appeal to be timely. If a timely request for a hearing is made, the
director will appoint a hearing officer from within the department.
The hearing will be held in the county where application was made,
in the Texas county where the applicant of licensee resides, or in
a county adjoining either the county of residence or county of application,
as determined by the director.
(d) Notification of the hearing will be sent to the
person by first-class mail at the last mailing address on file with
the department or to an address specifically referred to in the written
appeal. Notice of the hearing will be sent at least 10 calendar days
prior to the date of hearing. The cancellation action will not be
held in abeyance pending a hearing of final determination of the hearing
officer.
(e) The only issue at the administrative hearing is
whether the person did or did not falsify application or certification
information. The hearing officer has the only authority to make an
affirmative or a negative finding on this issue. The hearing officer
will report the finding to the director. If an affirmative finding
is reported, the license or application will remain canceled for the
duration of the 60 day cancellation period. If a negative finding
is reported, the license or application will be immediately reinstated
by the department.
(f) If the falsification is discovered at the driver
license office during the application process, the applicant will
not be permitted to continue with the application and examination
procedures. The department employee who discovers the falsification
will immediately notify the Enforcement and Compliance Service at
the department headquarters in Austin so that formal cancellation
action may be initiated. A person may not submit a new application
for a CDL or commercial driver learner's permit pending formal action
by the department.
(g) A person may not submit a new application for a
CDL or commercial driver learner's permit during the 60 day cancellation
period or while an appeal is pending. After the cancellation period
has expired, the person must reapply as an original applicant.
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