| (a) A person who receives notice of adverse action
taken on his license by the Hidalgo County Tax Assessor-Collector
may submit a written request for appeal or protest and submit evidence,
in the form of documents or testimony, to demonstrate that person's
compliance with all requirements for the issuance, retention, or reinstatement
of the person's license. The person must submit evidence and file
a written request for the appeal of an action taken on the person's
license with the County Tax Assessor-Collector within 10 calendar
days from the date of receipt of the notice of action on the person's
license. Proof of receipt of a notice of action, or any other document
that triggers a deadline under this section, includes, but is not
limited to, a certified mail return receipt. The Tax Assessor-Collector
or the Review Board may grant additional time to comply with this
section upon written request.
(b) Evidence and/or a written request for an appeal
must be sent to Hidalgo County Tax Office, via certified mail at 2804
S. US HWY 281, Edinburg, Texas 78539/P.O. Box 2099, Edinburg, Texas
78540 or at the address published at: http://www.hidalgocountytax.org.
(c) Upon timely filing of a request for an appeal,
the County Tax Assessor-Collector shall request review by the Review
Board. The adverse action shall be stayed until a final decision is
made on the license.
(d) The above-referenced Review Board, designated by
the Hidalgo County Tax Assessor-Collector, shall consist of an active
member of the licensed Title Service, the Tax Assessor-Collector or
his/her representative, and one law enforcement officer from the Fraud
Investigations Department.
(e) Each member of the Review Board shall serve for
a term lasting for one year. A member may be designated for additional
terms as deemed appropriate by the Hidalgo County Tax Assessor-Collector.
(f) If a member is absent for three consecutive meetings,
the Tax Assessor-Collector, may, in his discretion, remove the member
and appoint a new member to serve the remainder of the term.
(g) If a review board member is removed or resigns,
the Tax Assessor-Collector may appoint a new review board member to
fill that member's position. The new member will serve for the remainder
of the former member's term.
(h) The Review Board shall meet as needed, on a date
determined by the Hidalgo County Tax Assessor-Collector. The Board
will review any appeals and make a recommendation to the County Tax
Assessor-Collector stating whether the Board agrees or disagrees with
the action taken.
(i) The Hidalgo County Tax Assessor-Collector shall
be the Chair of the Review Board.
(j) A quorum of three members of the Review Board must
be present to render a decision. No proxy votes will be allowed.
(k) Review Board decisions are administrative in nature.
As such courtroom rules of evidence shall not apply. However, the
Review Board Chair may limit or discard evidence that he or she finds
is not material and relevant.
(l) The parties to a Review Board proceeding shall
file and exchange documentary evidence at least seven (7) days before
a Review Board proceeding. The Chair may, at the Chair's discretion,
exclude evidence that is not timely filed and served on the other
party(ies).
(m) A simple majority vote of a quorum of Review Board
members shall determine the recommendation on matters under consideration.
The Tax Assessor-Collector's Fraud Investigations Division, or his
or her designee, shall present the case to the Review Board and carry
the burden of proof. The standard of proof shall be by a preponderance
of the evidence.
(n) A quorum of the Review Board may draft and approve
other procedural rules that are not inconsistent with this section
or other law. Any such rules must be published on the Hidalgo County
website and made available to the public in print form upon request.
(o) All decisions related to license appeals or protests
shall be subject to final review and determination by the Hidalgo
County Tax Assessor-Collector. The Hidalgo County Tax Assessor-Collector
shall send disposition of the appeal to the person by registered or
certified mail. If the Tax Assessor-Collector does not reinstate the
license, any adverse action stayed by the appeal will be reinstated.
|
