Texas § OC.2025.204 - SUMMARY SUSPENSION HEARING

§ OC.2025.204. SUMMARY SUSPENSION HEARING

SUMMARY SUSPENSION HEARING. (a) A racetrack association that is the subject of a summary suspension order may request a hearing. The request must be filed with the executive director not later than the 10th day after the date the order was received or delivered. The request must: (1) be in writing; (2) be directed to the executive director; and (3) state the grounds for the request to set aside or modify the order. (b) Unless a license holder who is the subject of the order requests a hearing in writing before the 11th day after the date the order is received or delivered, the order is final and nonappealable as to that license holder. (c) On receiving a request for a hearing, the executive director shall serve notice of the time and place of the hearing by personal delivery or registered or certified mail, return receipt requested. The hearing must be held not later than the 10th day after the date the executive director receives the request for a hearing unless the parties agree to a later hearing date. (d) At the hearing, the commission has the burden of proof and must present evidence in support of the order. The license holder requesting the hearing may cross-examine witnesses and show cause why the order should not be affirmed. (e) Section 2003.021 (b), Government Code, does not apply to a hearing conducted under this section. Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969 ), Sec. 1.01, eff. April 1, 2019.