| (a) On receipt of a timely request for hearing, DPS
shall promptly refer the case to SOAH for a hearing to be conducted
by a SOAH judge. After SOAH acquires jurisdiction over the matter
in accordance with §159.51 of this title (relating to Jurisdiction),
then SOAH has primary responsibility for the scheduling of a hearing.
(b) SOAH shall schedule hearings to be conducted at
the earliest possible date, taking into consideration the availability
and feasibility of videoconference technology as a means to promote
the prompt, fair, and cost-effective resolution of ALR proceedings.
To the extent possible, cases shall be scheduled by geographic region
based on the defendant's county of arrest.
(c) Once the notice of hearing scheduling the hearing
is issued, the hearing may be removed from that docket only upon timely
request pursuant to §159.207 of this title (relating to Continuances),
by order of the judge, or by agreement of the parties and with the
ALJ's consent.
(d) It is a rebuttable presumption that the notice
of the hearing was served to the defendant on the same date as the
date listed in the notice.
(e) SOAH will provide timely access to ALR scheduling
information on SOAH's website at www.soah.texas.gov.
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