SECTION 745.8837. How does a person request a due process hearing?

(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.

Source Note: The provisions of this §745.8837 adopted to be effective January 26, 2023, 48 TexReg 220