How long do I have to request an ALR hearing in Texas?
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TL;DR
The Transportation Code says a hearing is held if the department receives a written request within 15 days after receiving notice1. The Texas Department of Public Safety says a person can request a hearing if the request is made within 15 days of receiving the DIC-252.
How long do I have to request an ALR hearing in Texas?
The Texas Transportation Code says a hearing on an administrative license revocation (ALR) suspension in Texas is held if the Texas Department of Public Safety (DPS) receives a written request within 15 days after receiving notice1. The Transportation Code counts the limit from the day the person receives notice of suspension.1 DPS says in its frequently asked questions on ALR that a person can request a hearing for an ALR suspension if the request is made within 15 days of receiving the DIC-252. The Transportation Code also says a request for a hearing stays the suspension until the date of the final decision of the administrative law judge.1 The statute words the time limit this way:
not later than the 15th day after the date on which the person receives notice of suspension or denial under Section 724.032 (a)
What do the hearing request limit and the effective date each say?
| Source | What it sets |
|---|---|
| DPS frequently asked questions | 15 days of receiving the DIC-252 |
| Transportation Code, refusal suspension | Takes effect on the 40th day after notice3 |
What the sources do not state
The sources used here do not say how to submit the request or what happens if the request arrives late. They also do not say what the administrative law judge decides.
Next step
The DPS page on administrative license revocation is the agency’s own page on the hearing request. The filing lookup tool on this site lists the filing type, fee and duration for a violation.
Related questions
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- Does requesting an ALR hearing stop my license suspension in Texas?
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- How long is my license suspended in Texas if I refuse or fail a breath test?
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Receipts
- 1
Texas Legislature (Texas Constitution and Statutes)
Texas Transportation Code Sec. 724.041 (Hearing on Suspension or Denial)
Open sourceSee the data - 2
Texas Department of Public Safety
Section 19: Administrative License Revocation (ALR)
Open sourceSee the data - 3
Texas Legislature (Texas Constitution and Statutes)
Texas Transportation Code Sec. 724.035 (Suspension or Denial of License)
Open sourceSee the data