Texas Laws | Transportation Code (b) A hearing shall be rescheduled if, before the fifth day before the date scheduled for the hearing, a request for a continuance from the person who requested the hearing is received in accordance with the memorandum of understanding adopted under Section 524.033(c). Unless both parties agree otherwise, the hearing shall be rescheduled for a date not earlier than the fifth day after the date the request for continuance is received. (31827) (c) A person who requests a hearing under this chapter may obtain only one continuance under this section unless the person shows that a medical condition prevents the person from attending the rescheduled hearing, in which event one additional continuance may be granted for a period not to exceed 10 days. (31828) (d) A request for a hearing stays suspension of a person's driver's license until the date of the final decision of the administrative law judge. If the person's driver's license was taken by a peace officer under Section 524.011(b), the department shall notify the person of the effect of the request on the suspension of the person's license before the expiration of any temporary driving permit issued to the person, if the person is otherwise eligible, in a manner that will permit the person to establish to a peace officer that the person's driver's license is not suspended. (31829) Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 444, Sec. 4, eff. Sept. 1, 2001. (31830) Amended by: (31831) Acts 2015, 84th Leg., R.S., Ch. 228 (H.B. 2154), Sec. 21, eff. September 1, 2016. (31832) (a) A hearing under this subchapter shall be heard by an administrative law judge employed by the State Office of Administrative Hearings. (31834) (b) The State Office of Administrative Hearings shall provide for the stenographic or electronic recording of the hearing. (31835) (c) The department and chief administrative law judge of the State Office of Administrative Hearings shall adopt and at least biennially update a memorandum of understanding establishing that the State Office of Administrative Hearings has primary scheduling responsibility for a hearing under this subchapter. The memorandum of understanding must, at a minimum: (31836) (1) set out the roles and responsibilities of the State Office of Administrative Hearings and the department in scheduling a hearing under this subchapter, including which agency is responsible for scheduling each stage of a hearing; (31837) (2) ensure that the State Office of Administrative Hearings and the department have timely access to scheduling and continuance information; and (31838) (3) provide for the transfer of funding for department employees responsible for scheduling hearings under this subchapter from the department to the State Office of Administrative Hearings when the State Office of Administrative Hearings assumes responsibility for initial scheduling of hearings under this subchapter. (31839) (d) The State Office of Administrative Hearings and the department shall consult with the Department of Information Resources and the Office of Court Administration of the Texas Judicial System in developing any information technology solutions needed to complete the transfer of scheduling responsibilities, as outlined in the memorandum of understanding adopted under Subsection (c). (31840) Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. (31841) Amended by: (31842) Acts 2015, 84th Leg., R.S., Ch. 228 (H.B. 2154), Sec. 22, eff. September 1, 2015. (31843) A hearing under this subchapter shall be held: (31845) (1) at a location designated by the State Office of Administrative Hearings: (31846) (A) in the county of arrest if the arrest occurred in a county with a population of 300,000 or more; or (31847) (B) in the county in which the person is alleged to have committed the offense for which the person was arrested or not more than 75 miles from the county seat of the county in which the person was arrested; or (31848) (2) with the consent of the person and the department, by telephone conference call. (31849) Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. (31850) (a) The issues that must be proved at a hearing by a preponderance of the evidence are: (31852) (1) whether: (31853) (A) the person had an alcohol concentration of a level specified by Section 49.01(2)(B), Penal Code, while operating a motor vehicle in a public place or while operating a watercraft; or (31854) (B) the person was a minor on the date that the breath or blood specimen was obtained and had any detectable amount of alcohol in the minor's system while operating a motor vehicle in a public place or while operating a watercraft; and (31855) (2) whether reasonable suspicion to stop or probable cause to arrest the person existed. (31856) (b) If the administrative law judge finds in the affirmative on each issue in Subsection (a), the suspension is sustained. (31857)
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