Texas Transportation Code 524.043 – Review; Additional Evidence
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(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 additional evidence is material and that there were good reasons for the failure to present it in the proceeding before the administrative law judge, the court may order that the additional evidence be taken before an administrative law judge on conditions determined by the court.
Terms Used In Texas Transportation Code 524.043
- 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
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(c) There is no right to a jury trial in an appeal under this section.
(d) An administrative law judge may change a finding or decision as to whether the person had an alcohol concentration of a level specified in § 49.01, Penal Code, or whether a minor had any detectable amount of alcohol in the minor’s system because of the additional evidence and shall file the additional evidence and any changes, new findings, or decisions with the reviewing court.
(e) A remand under this section does not stay the suspension of a driver’s license.