| (a) To request a due process hearing, a person must
send a written request to the Docket Clerk for Licensing in the Legal
Enforcement Department at the mailing address, email address, or fax
number listed in the notice informing the person of the right to request
a due process hearing.
(b) The written request must:
(1) Describe the specific decision or action that the
requestor is disputing;
(2) Describe the reasons why this decision or action
should not be upheld;
(3) Include a copy of the notification letter informing
the requestor of the right to request a due process hearing;
(4) Include the requestor's mailing address, even if
the request is by email or fax; and
(5) Be timely.
(c) For a request to be timely:
(1) A mailed request must be postmarked within 30 days
after the person receives notification of the right to request a due
process hearing;
(2) An emailed or faxed request must be received within
the 30 days after the person receives notification of the right to
request a due process hearing; and
(d) When determining whether a request was made timely:
(1) If the notification of the right to request a due
process hearing was delivered in person:
(A) Add 30 calendar days to the date the notification
was delivered; and
(B) Identify the first date after adding the 30 calendar
days that is not a Saturday, Sunday, or legal holiday; or
(2) If the notification of the right to request a due
process hearing was delivered by regular mail:
(A) Add 33 calendar days to the date the notification
was mailed (a requestor is presumed to have received the notification
three days after it was mailed); and
(B) Identify the first date after the 33 calendar days
that is not on a Saturday, Sunday, or legal holiday.
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