SECTION 159.201. Scheduling and Notice of Hearing

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(a) On receipt of a timely request for hearing, DPS shall schedule a hearing to be conducted by a SOAH judge.
(b) The location of the hearing will be set in accordance with the requirements of Texas Transportation Code §524.034 and §724.041. SOAH or DPS may change the hearing site upon agreement of all parties.
(c) Once DPS issues the notice of hearing scheduling the hearing by telephone or videoconference, the hearing may be removed from that docket only upon timely request pursuant to §159.207 of this title (relating to Continuances) or by agreement of the parties and with the ALJ's consent.
(d) It is a rebuttable presumption that DPS mailed the notice of the hearing to the defendant on the same date as the date listed in the notice.

Source Note: The provisions of this §159.201 adopted to be effective January 20, 2009, 34 TexReg 334

                    
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