Section 159.201 - Scheduling and Notice of Hearing(a) On receipt of a timely request for hearing, DPS shall promptly refer the case to SOAH for a hearing to be conducted by a SOAH judge. After SOAH acquires jurisdiction over the matter in accordance with § 159.51 of this title (relating to Jurisdiction), then SOAH has primary responsibility for the scheduling of a hearing.(b) SOAH shall schedule hearings to be conducted at the earliest possible date, taking into consideration the availability and feasibility of videoconference technology as a means to promote the prompt, fair, and cost-effective resolution of ALR proceedings. To the extent possible, cases shall be scheduled by geographic region based on the defendant's county of arrest.(c) Once the notice of hearing scheduling the hearing is issued, the hearing may be removed from that docket only upon timely request pursuant to § 159.207 of this title (relating to Continuances), by order of the judge, or by agreement of the parties and with the ALJ's consent.(d) It is a rebuttable presumption that the notice of the hearing was served to the defendant on the same date as the date listed in the notice.(e) SOAH will provide timely access to ALR scheduling information on SOAH's website at www.soah.texas.gov.1 Tex. Admin. Code § 159.201
The provisions of this §159.201 adopted to be effective January 20, 2009, 34 TexReg 334; Amended by Texas Register, Volume 49, Number 31, August 2, 2024, TexReg 5764, eff. 8/4/2024