State Office of Administrative Hearings

Standing Order of the Chief Administrative Law Judge Regarding Administrative License Revocation (ALR) Hearings

Standing Order of the Chief Administrative Law Judge Regarding Administrative License Revocation (ALR) Hearings

WHEREAS, the use of remote appearances to conduct legal proceedings by SOAH and other courts offers an efficient, accessible, and cost-effective means of allowing parties, attorneys, witnesses, and others to participate in hearings; and

WHEREAS, the regular and continued use of remote appearances for Administrative Driver’s License Revocation (ALR) hearings is necessary to promote efficiency, schedule hearings at the earliest available date, and avoid delay in the resolution of cases;

NOW THEREFORE, effective as of April 1, 2024, and continuing until July 30, 2024, it is ordered that:

  1. Remote Appearances for ALR Hearings. The SOAH Chief Clerk’s Office shall continue to docket ALR proceedings to be conducted by videoconference. Notice for a videoconference hearing shall include log-in information for joining the videoconference and provide an option for participants to access the hearing audio by telephone.
  2. Continuances. If a party requests a continuance, SOAH Rule 159.207 shall apply, except that requirements for parties to propose three dates for the rescheduled hearing and for the ALJ to consider such dates in resetting the case, will not be enforced to promote the scheduling and resolution of cases at the earliest possible date.
  3. Objections to Method of Appearance. If a party objects within a reasonable time after receiving notice of an order authorizing the use of videoconferencing and states good cause for the objection, the ALJ shall rule on the objection in a timely manner prior to the scheduled proceeding by considering the objection in a manner consistent with Rule 21d of the Texas Rules of Civil Procedure.
  4. Electronic Filing Requirements
    1. Pleadings and exhibits in ALR cases must be timely filed in electronic format in accordance with the guidelines specified on SOAH’s website at: www.soah.texas.gov/drivers-license-hearings-filing-information.
    2. All exhibits should be pre-filed at least two (2) days before the hearing and the evidentiary package submitted by the Department of Public Safety should in every case include the Notice of Hearing and any amended or corrected Notices of Hearing. If the document is a motion, the motion must be submitted separately from pleadings other filings.
    3. Audio and video exhibits must be submitted electronically as specified on SOAH’s website. Audiovisual evidence must be submitted in a non-proprietary file format that can be played using either Windows Media or VLC Media Player.
  5. Use of re:SearchTX. The records for ALR cases referred to SOAH on or after June 1, 2022 are available online to attorneys and authorized parties through re:SearchTX at no cost. As a matter of competent and diligent representation, attorneys are expected to use re:SearchTX, manage their own case access rights, monitor case filings, and obtain their own case records through eFileTexas and re:SearchTX without unduly relying on assistance from SOAH’s Public Information Coordinator or the submission of open records requests to obtain information.
  6. This order supersedes the SOAH Interim Operating Plan of April 1, 2023, and any prior standing orders relating to ALR proceedings.

 

SIGNED: April 2, 2024.

KRISTOFER S. MONSON
CHIEF ADMINISTRATIVE LAW JUDGE


Source URL: https://www.soah.texas.gov/standing-order-chief-administrative-law-judge-regarding-administrative-license-revocation-alr