SECTION 15.85. Appeals

(a) A licensee may appeal an affirmative finding by the presiding judge.

(b) The 30-day period for filing an appeal begins the date the department's suspension, revocation or disqualification order is dated and mailed.

(c) To perfect service on the department of a judicial appeal of a final order of the presiding officer, a defendant must send a file-stamped copy of the defendant's appeal petition certified by the clerk of the court in which the petition is filed, to the department's Driver Improvement and Compliance Bureau at its headquarters in Austin. A suspension will not be stayed until service is perfected according to this subsection.

(d) A 90-day stay will be effective from the date the Driver Improvement and Compliance Bureau receives the certified file-stamped petition. If there has not been a final decision by the appellate court, on the 91st day the department shall impose the suspension, probated suspension, disqualification, or revocation.

(e) If an affirmative finding by the presiding officer is reversed on appeal, the appellant shall notify the department by mailing a file-stamped copy of the judgment from the appellate court to the department's Driver Improvement and Compliance Bureau in Austin. This address is provided on the original notice of suspension, revocation or disqualification. Upon verification, the department shall lift the suspension, revocation or disqualification, which will be indicated on the individual's driving record.

Source Note: The provisions of this §15.85 adopted to be effective February 6, 2001, 26 TexReg 1162; amended to be effective December 13, 2009, 34 TexReg 8786