| (a) Record on Appeal. Except as described by subsection
(d) of this section, a person who appeals a SOAH decision is responsible
for filing the record on appeal with the court. The record on appeal
shall consist of the following:
(1) the file-marked or stamped copy of all parties'
motions or other pleadings;
(2) all written orders or decisions issued by the judge
and any evidence of transmittal to the parties;
(3) all exhibits admitted into evidence;
(4) all exhibits not admitted into evidence but made
a part of the record by a party as an offer of proof or bill of exceptions;
and
(5) a transcription of the proceedings electronically
recorded by SOAH.
(b) Notice to SOAH Required. A person who appeals a
decision shall file a copy of the petition of appeal with SOAH. The
copy submitted for filing must be filed-stamped or certified by the
clerk of the court in which the petition is filed. Filing under this
section satisfies the requirements of Transportation Code, §
524.041(c) to provide SOAH with a copy of the petition.
(c) Appeal Transcript Requests. A person who intends
to pursue the appeal a suspension may obtain a written transcript
of the administrative hearing by filing a written request to SOAH,
together with a filed-stamped or certified copy of the petition of
appeal, within ten days of filing the appeal and paying the applicable
fees. The fees shall not exceed the actual cost of preparing or copying
the transcript, and upon receipt of the fees, SOAH shall promptly
furnish both parties a certified copy of the record. SOAH is not required
to prepare a written transcript for non-appealed cases, or to furnish
a free transcript to a party who is unable to pay the applicable fee
for preparation of the transcript.
(d) Essential Need or Occupational License Only. A
person who appeals a suspension for the sole purpose of seeking an
essential need or occupational driver's license may be excused from
filing the record on appeal if the administrative record is not required
by local rules of the court where the appeal is filed.
(e) Records Retention for Appealed Cases. For three
years after notice of an appeal is filed, SOAH will maintain the file
and original recording of proceedings. A copy of the file and recording
will be available for review by the parties or a reviewing court,
if needed.
(f) If a case is remanded for taking of additional
evidence, the appellant must file with SOAH, within ten days of the
signing of the reviewing court's remand order, a request for relief,
including setting a hearing on remand. The request must include a
copy of the remand order.
(g) A remand under this section does not stay the suspension
of a driver's license.
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