(a) A person dissatisfied with the final decision of the director may appeal the decision by filing a petition as provided by Subchapter G, Chapter 2001, Government Code.
(b) The district or county attorney or the attorney general shall represent the director in the appeal, except that an attorney who is a full-time employee of the department may represent the director in the appeal with the approval of the attorney general.

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Terms Used In Texas Transportation Code 548.408

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • 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
  • Rule: includes regulation. See Texas Government Code 311.005
  • Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005

(c) The court in which the appeal is filed shall:
(1) set the matter for hearing after 10 days’ written notice to the director and the attorney representing the director; and
(2) determine whether an enforcement action of the director shall be suspended pending hearing and enter an order for the suspension.
(d) The court order takes effect when served on the director.
(e) The director shall provide a copy of the petition and court order to the attorney representing the director.
(f) A stay under this section may not be effective for more than 90 days after the date the petition for appeal is filed. On the expiration of the stay, the director’s enforcement action shall be reinstated or imposed. The department or court may not extend the stay or grant an additional stay.
(g) Judicial review of the final decision of the director is under the substantial evidence rule.

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