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RULE §17.11Appeals

(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 §159.37 (relating to Appeal of Judge's Decision) and this section, a defendant must send by certified mail a file-stamped copy of the defendant's appeal petition, certified by the clerk of the court in which the petition is filed, to the department at its headquarters in Austin. The certified copy must be addressed and mailed to Director of Hearings, ALR Program, 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 Director of Hearings, ALR Program, Driver License Division, Department of Public Safety, Main Building, 5805 North Lamar Boulevard, Austin, Texas 78752-0300. 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 mailing a file-stamped copy of the judgment from the appellate court to the department, addressed to Director of Hearings, ALR Program, Box 15327, Austin, Texas 78761-5327. 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

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