(a) The issue that must be proved at the hearing by a preponderance of the evidence is whether the grounds for suspension or revocation stated in the notice are true.
(b) If the presiding officer finds in the affirmative on that issue, the suspension or revocation is sustained.

Terms Used In Texas Transportation Code 521.301

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
  • Year: means 12 consecutive months. See Texas Government Code 311.005

(c) If the presiding officer sustains a suspension, the department shall suspend the person‘s license for the period specified by the presiding officer, which may not be less than 30 days or more than one year.
(d) If the presiding officer does not find in the affirmative on that issue, the department may not suspend or revoke the person’s license.
(e) The decision of the presiding officer is final when issued and signed.

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