Section 159.255 - Appeal of Judge's Decision(a) Record on Appeal. Except as described by subsection (d) of this section, a person who appeals a SOAH decision is responsible for filing the record on appeal with the court. The record on appeal shall consist of the following: (1) the file-marked or stamped copy of all parties' motions or other pleadings;(2) all written orders or decisions issued by the judge and any evidence of transmittal to the parties;(3) all exhibits admitted into evidence;(4) all exhibits not admitted into evidence but made a part of the record by a party as an offer of proof or bill of exceptions; and(5) a transcription of the proceedings electronically recorded by SOAH.(b) Notice to SOAH Required. A person who appeals a decision shall file a copy of the petition of appeal with SOAH. The copy submitted for filing must be filed-stamped or certified by the clerk of the court in which the petition is filed. Filing under this section satisfies the requirements of Transportation Code, § 524.041(c) to provide SOAH with a copy of the petition.(c) Appeal Transcript Requests. A person who intends to pursue the appeal a suspension may obtain a written transcript of the administrative hearing by filing a written request to SOAH, together with a filed-stamped or certified copy of the petition of appeal, within ten days of filing the appeal and paying the applicable fees. The fees shall not exceed the actual cost of preparing or copying the transcript, and upon receipt of the fees, SOAH shall promptly furnish both parties a certified copy of the record. SOAH is not required to prepare a written transcript for non-appealed cases, or to furnish a free transcript to a party who is unable to pay the applicable fee for preparation of the transcript.(d) Essential Need or Occupational License Only. A person who appeals a suspension for the sole purpose of seeking an essential need or occupational driver's license may be excused from filing the record on appeal if the administrative record is not required by local rules of the court where the appeal is filed.(e) Records Retention for Appealed Cases. For three years after notice of an appeal is filed, SOAH will maintain the file and original recording of proceedings. A copy of the file and recording will be available for review by the parties or a reviewing court, if needed.(f) If a case is remanded for taking of additional evidence, the appellant must file with SOAH, within ten days of the signing of the reviewing court's remand order, a request for relief, including setting a hearing on remand. The request must include a copy of the remand order.(g) A remand under this section does not stay the suspension of a driver's license.1 Tex. Admin. Code § 159.255
The provisions of this §159.255 adopted to be effective January 20, 2009, 34 TexReg 335; Amended by Texas Register, Volume 49, Number 31, August 2, 2024, TexReg 5765, eff. 8/4/2024