The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Address of record--refers to the address established as the licensee's residence address that is on record with the department. (2) Hearing location--will be determined by the address of record at the time the notice of suspension is sent. However, if the licensee denotes a new address on the request for hearing that address will be used for setting the hearing. (3) Mailing address--an official address provided by the licensee through application for an original, renewal or duplicate license. (4) Reexamination of drivers--will normally consist of a comprehensive review of the required examinations including the vision, rules and signs tests, and a driving demonstration. The driving demonstration is to determine if restrictions or limitations should be imposed, and may be more intensive than a routine driving test. Guidelines for requiring the reexamination include: (A) minimum of six entries (convictions for moving violations and accidents where negligence is indicated) in a two-year period with a minimum of 3 entries within the 12 month period proceeding the examination request; (B) determined by a Driver Improvement and Compliance Bureau analyst following a review of two or more accidents within a 12-month period in which the licensee was at fault; (C) recommendation by proper medical authority following a professional evaluation of the medical facts; or (D) recommendation by an experienced field representative of the department or any law enforcement agency following a thorough investigation showing clear and convincing evidence that such examination is reasonable and necessary. (5) Reliable report--refers to any report that can be verified or substantiated. |
| Source Note: The provisions of this §15.81 adopted to be effective February 6, 2001, 26 TexReg 1162; amended to be effective June 22, 2004, 29 TexReg 5945; amended to be effective December 13, 2009, 34 TexReg 8786 |
