(a) The hearing will be scheduled by the department in the county of residence as indicated in the department's records at the time the notice was mailed to the individual or as provided by the licensee on the hearing request.(b) If the licensee is no longer a resident of Texas, the hearing will be scheduled in the last known county of residence, as indicated in the department's records.(c) A request to reschedule or continue the hearing must be made through the court and the department's hearing examiner. Phone number and addresses of both parties will be provided in the hearing notification.(d) The presiding officer will make a determination on the evidence provided at the hearing. If the presiding officer affirms the department's recommendation to suspend the driver license or to disqualify the commercial driver license, the length of the suspension or disqualification shall be set according to the appropriate statute. The presiding officer may probate the suspension of a driver license. Revocations and disqualifications cannot be probated.(e) Evidence from the department may include a certified copy of the driving record, reliable report, or other documents maintained by the department. If the person does not have a Texas driver license the department may introduce a copy of the driver history information maintained by the department.37 Tex. Admin. Code § 15.84
The provisions of this §15.84 adopted to be effective February 6, 2001, 26 TexReg 1162; amended to be effective September 7, 2014, 39 TexReg 6875