Title TN, Transportation Code

Sec. 524.013. NOTICE OF DEPARTMENT'S DETERMINATION. (a) If the department suspends a person's driver's license, the department shall send a notice of suspension by first class mail to the person's address: (1) in the records of the department; or (2) in the peace officer's report…

Sec. 524.014. NOTICE OF SUSPENSION. A notice of suspension under Section 524.013 must state: (1) the reason and statutory grounds for the suspension; (2) the effective date of the suspension; (3) the right of the person to a hearing; (4) how to request a hearing; and (5) the peri…

Sec. 524.015. EFFECT OF DISPOSITION OF CRIMINAL CHARGE ON DRIVER'S LICENSE SUSPENSION. (a) Except as provided by Subsection (b), the disposition of a criminal charge does not affect a driver's license suspension under this chapter and does not bar any matter in issue in a driver'…

Sec. 524.021. SUSPENSION EFFECTIVE DATE. (a) A driver's license suspension under this chapter takes effect on the 40th day after the date the person: (1) receives a notice of suspension under Section 524.011; or (2) is presumed to have received notice of suspension under Section …

Sec. 524.022. PERIOD OF SUSPENSION. (a) A period of suspension under this chapter for an adult is: (1) 90 days if the person's driving record shows no alcohol-related or drug-related enforcement contact during the 10 years preceding the date of the person's arrest; or (2) one yea…

Sec. 524.023. APPLICATION OF SUSPENSION UNDER OTHER LAWS. (a) If a person is convicted of an offense under Section 106.041, Alcoholic Beverage Code, or Section 49.04, 49.045, 49.06, 49.061, 49.07, or 49.08, Penal Code, and if any conduct on which that conviction is based is a gro…

Sec. 524.031. HEARING REQUEST. If, not later than the 15th day after the date on which the person receives notice of suspension under Section 524.011 or is presumed to have received notice under Section 524.013, the department receives at its headquarters in Austin, in writing, i…

Sec. 524.032. HEARING DATE; RESCHEDULING. (a) A hearing requested under this subchapter shall be held not earlier than the 11th day after the date on which the person requesting the hearing is notified of the hearing unless the parties agree to waive this requirement. The hearing…

Sec. 524.033. STATE OFFICE OF ADMINISTRATIVE HEARINGS. (a) A hearing under this subchapter shall be heard by an administrative law judge employed by the State Office of Administrative Hearings. (b) The State Office of Administrative Hearings shall provide for the stenographic or …

Sec. 524.034. HEARING LOCATION. A hearing under this subchapter shall be held: (1) at a location designated by the State Office of Administrative Hearings: (A) in the county of arrest if the arrest occurred in a county with a population of 300,000 or more; or (B) in the county in…

Sec. 524.035. HEARING. (a) The issues that must be proved at a hearing by a preponderance of the evidence are: (1) whether: (A) the person had an alcohol concentration of a level specified by Section 49.01(2)(B), Penal Code, while operating a motor vehicle in a public place or wh…

Sec. 524.036. FAILURE TO APPEAR. A person who requests a hearing and fails to appear without just cause waives the right to a hearing and the department's determination is final. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 524.037. CONTINUANCE. (a) A continuance under Section 524.032 stays the suspension of a driver's license until the date of the final decision of the administrative law judge. (b) A suspension order may not go into effect pending a final decision of the administrative law jud…

Sec. 524.038. INSTRUMENT RELIABILITY AND ANALYSIS VALIDITY. (a) The reliability of an instrument used to take or analyze a specimen of a person's breath to determine alcohol concentration and the validity of the results of the analysis may be attested to in a proceeding under thi…

Sec. 524.039. APPEARANCE OF TECHNICIANS AT HEARING. (a) Not later than the fifth day before the date of a scheduled hearing, the person who requested a hearing may apply to the State Office of Administrative Hearings to issue a subpoena for the attendance of the breath test opera…

Sec. 524.040. NOTICE REQUIREMENTS. (a) Notice required to be provided by the department under this subchapter may be given by telephone or other electronic means. If notice is given by telephone or other electronic means, written notice must also be provided. (b) Notice by mail i…

Sec. 524.041. APPEAL FROM ADMINISTRATIVE HEARING. (a) A person whose driver's license suspension is sustained may appeal the decision by filing a petition not later than the 30th day after the date the administrative law judge's decision is final. The administrative law judge's f…

Sec. 524.042. STAY OF SUSPENSION ON APPEAL. (a) A suspension of a driver's license under this chapter is stayed on the filing of an appeal petition only if: (1) the person's driver's license has not been suspended as a result of an alcohol-related or drug-related enforcement cont…

Sec. 524.043. REVIEW; ADDITIONAL EVIDENCE. (a) Review on appeal is on the record certified by the State Office of Administrative Hearings with no additional testimony. (b) On appeal, a party may apply to the court to present additional evidence. If the court is satisfied that the…

Sec. 524.044. TRANSCRIPT OF ADMINISTRATIVE HEARING. (a) To obtain a transcript of an administrative hearing, the party who appeals the administrative law judge's decision must apply to the State Office of Administrative Hearings. (b) On payment of a fee not to exceed the actual c…

Sec. 524.051. REINSTATEMENT AND REISSUANCE. (a) A driver's license suspended under this chapter may not be reinstated or another driver's license issued to the person until the person pays the department a fee of $125 in addition to any other fee required by law. (b) The payment …