(a) Upon receipt of an appeal petition, the department shall determine whether the defendant is entitled to a 90-day stay of suspension or disqualification pending appeal, in accordance with Texas Transportation Code, Chapter 524. For purposes of determining whether an appeal stays a suspension, the department will consider prior alcohol-related and drug-related enforcement contacts. For purposes of this subsection, alcohol-related and drug-related enforcement contacts occurring both prior to and after the effective date of ALR shall be considered. The date of a prior alcohol-related or drug-related enforcement contact, not the date of the conduct, shall be controlling.(b) If a stay is granted pending appeal, it shall be effective from the date the petition is filed, not from the date of hearing or decision of the administrative law judge.(c) A remand pursuant to §524.043(e) does not stay the suspension or disqualification.(d) To perfect service on the department of a judicial appeal of a final order in a contested ALR case pursuant to 1 TAC § 159.255(relating to Appeal of Judge's Decision) and this section, a defendant must comply with the service requirements in the court where the appeal is filed. The department's service contact for ALR appeals filed electronically is ALR_Appeals@dps.texas.gov. Appeals not filed electronically may be served by mail to the Texas Department of Public Safety Director of Hearings, ALR Program, P.O. Box 15327, Austin, Texas 78761-5327 or by hand delivery or courier receipted delivery through a commercial overnight service during regular business hours to the Texas Department of Public Safety, Director of Hearings, ALR Program, MSC 0380, Building A, 5805 North Lamar Boulevard, Austin, Texas 78752-0380. A suspension will not be stayed until service is perfected according to this subsection.(e) If an affirmative finding by an administrative law judge is reversed on appeal, the appellant shall notify the department by complying with the service requirements in the court where the appeal is filed. The department may be served by the methods outlined in subsection (d) of this section. Upon verification, the department shall remove references of the ALR suspension or disqualification from defendant's driving record if warranted.37 Tex. Admin. Code § 17.11
The provisions of this §17.11 adopted to be effective August 19, 1999, 24 TexReg 6310; amended to be effective March 11, 2008, 33 TexReg 2042; Amended by Texas Register, Volume 49, Number 36, September 6, 2024, TexReg 7052, eff. 9/11/2024