Section 159.51 - Jurisdiction(a) Acquisition of jurisdiction. SOAH acquires jurisdiction over a case involving a particular hearing request on the date when sufficient information required by SOAH for the scheduling of an ALR proceeding is electronically transmitted by DPS to the SOAH Chief Clerk's Office.(b) Effect of acquisition of jurisdiction by SOAH. Once SOAH acquires jurisdiction, SOAH shall promptly schedule the hearing in accordance with § 159.201 of this title (relating to Scheduling and Notice of Hearing), and DPS and the defendant may initiate discovery or move for appropriate relief.(c) Commencement of time periods. A period of time established by these rules shall not begin to run until the hearing is initially scheduled by SOAH.(d) Cessation of Jurisdiction. SOAH jurisdiction over a case involving a particular hearing request ends upon the date the SOAH judge issues a final decision or order of dismissal, and if applicable, the deadline for any post-judgement motions has passed. Thereafter, jurisdiction may only be extended by order of the judge to:(1) reinstate a case as provided by § 159.203(c) of this title (relating to Involuntary Dismissal);(2) vacate a default as provided by § 159.213(f) of this title (relating to Failure to Attend Hearing and Default); or(3) correct a decision as provided by §159.254 of this title (relating to Correction of Final Decision).(e) After the cessation of jurisdiction, SOAH has concluded its involvement in the matter and has no continuing jurisdiction, including that SOAH has no authority to enforce or correct the Department's administration of a suspension, revocation, or reinstatement of a driver's license.1 Tex. Admin. Code § 159.51
The provisions of this §159.51 adopted to be effective January 20, 2009, 34 TexReg 330; Amended by Texas Register, Volume 41, Number 49, December 2, 2016, TexReg 9461, eff. 1/1/2017; Amended by Texas Register, Volume 49, Number 31, August 2, 2024, TexReg 5761, eff. 8/4/2024