| (a) Upon receipt of an appeal petition, the department
shall determine whether the defendant is entitled to a 90-day stay
of suspension or disqualification pending appeal, in accordance with
Texas Transportation Code, Chapter 524. For purposes of determining
whether an appeal stays a suspension, the department will consider
prior alcohol-related and drug-related enforcement contacts. For
purposes of this subsection, alcohol-related and drug-related enforcement
contacts occurring both prior to and after the effective date of
ALR shall be considered. The date of a prior alcohol-related or
drug-related enforcement contact, not the date of the conduct, shall
be controlling.
(b) If a stay is granted pending appeal, it shall be
effective from the date the petition is filed, not from the date
of hearing or decision of the administrative law judge.
(c) A remand pursuant to §524.043(e) does not
stay the suspension or disqualification.
(d) To perfect service on the department of a judicial
appeal of a final order in a contested ALR case pursuant to 1 TAC
§159.255 (relating to Appeal of Judge's Decision) and this
section, a defendant must comply with the service requirements in
the court where the appeal is filed. The department's service contact
for ALR appeals filed electronically is ALR_Appeals@dps.texas.gov.
Appeals not filed electronically may be served by mail to the Texas
Department of Public Safety Director of Hearings, ALR Program,
P.O. Box 15327, Austin, Texas 78761-5327 or by hand delivery or
courier receipted delivery through a commercial overnight service
during regular business hours to the Texas Department of Public
Safety, Director of Hearings, ALR Program, MSC 0380, Building
A, 5805 North Lamar Boulevard, Austin, Texas 78752-0380. A suspension
will not be stayed until service is perfected according to this subsection.
(e) If an affirmative finding by an administrative
law judge is reversed on appeal, the appellant shall notify the department
by complying with the service requirements in the court where the
appeal is filed. The department may be served by the methods outlined
in subsection (d) of this section. Upon verification, the department
shall remove references of the ALR suspension or disqualification
from defendant's driving record if warranted.
|
| Source Note: The provisions of this §17.11 adopted to be effective August 19, 1999, 24 TexReg 6310; amended to be effective March 11, 2008, 33 TexReg 2042; amended to be effective September 11, 2024, 49 TexReg 7051 |
