Section 10.4 - Informal Hearing; Settlement Conference(a) A person who receives notice of the department's intention to deny an application for device approval or for vendor authorization, to suspend or revoke a vendor authorization, or to impose an administrative fine, may appeal the decision by submitting a request to appeal by mail, facsimile, or electronic mail, to the department in the manner provided on the department's Ignition Interlock Device Program website, within thirty (30) calendar days after receipt of notice of the department's proposed action. If a timely written request to appeal is not submitted, the right to an informal hearing or settlement conference, as applicable, and to a hearing before the State Office of Administrative Hearings, is waived, and the proposed action becomes final.(b) If the action is based on the person's criminal history, an informal, telephonic hearing will be scheduled. Following the hearing, the department will either dismiss the proceedings and withdraw the proposed action, or issue a written statement of findings to the respondent either upholding or modifying the original proposed action.(c) If the proposed action is based on an administrative violation, or concerns the denial of an application for device approval, a settlement conference will be scheduled. The settlement conference may be conducted in person or by telephone, by agreement of the parties. Following the settlement conference, the parties will execute an agreed order, or, if no agreement is reached, the department will issue a written determination either upholding or modifying the originally proposed action.(d) The department's findings resulting from the informal hearing, or its determination following a settlement conference, may be appealed as provided in § 10.5 of this title (relating to Hearing Before the State Office of Administrative Hearings). If a written request is not submitted within thirty (30) calendar days of the date notice was received, the findings or determination shall become final. (e) Requests for continuance must be submitted in writing at least three (3) business days prior to the scheduled hearing or conference. Requests must be based on good cause. Multiple requests may be presumed to lack good cause and may be denied on that basis.37 Tex. Admin. Code § 10.4
Adopted by Texas Register, Volume 41, Number 27, July 1, 2016, TexReg 4862, eff. 7/7/2016; Amended by Texas Register, Volume 45, Number 19, May 8, 2020, TexReg 3137, eff. 5/14/2020