SECTION 159.255. Appeal of Judge's Decision

(a) The record on appeal shall consist of the following:

(1) the first 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) A person who appeals a suspension may obtain a transcript of the administrative hearing by sending a written request to SOAH 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 the reviewing court and both parties a certified copy of the record. The transcription of the electronic recording made by SOAH constitutes the official record for appellate purposes. 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.

(c) 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 and an estimate of the time required to present the additional evidence, if a hearing is requested.

(d) A remand under this section does not stay the suspension of a driver's license.

Source Note: The provisions of this §159.255 adopted to be effective January 20, 2009, 34 TexReg 335