22.0608 Suspension for refusal to take test— Notice of right to hearing.

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(a) Upon receipt of a report of a police officer, as required by subsection (b) of 22.0602, the Administrative Law Judge shall notify the reported person by personal service or by mail of the intention to suspend his license, permit or privilege to drive for a period of 90 days and allow the person a 20-day period after the date of service or mailing the notice to request, in writing, hearing before the Administrative Law Judge. If no request is filed within the 20-day period, the Administrative Law Judge shall thereupon suspend the license, permit or privilege of the person to drive a motor vehicle for a period of 90 days.

(b) Notice of intention to suspend or of an order of a suspension is presumed to have been received upon the expiration of 5 days after notice is deposited in the United States mail with postage prepaid, addressed to the person at his last known address as shown by his application for an original, renewal or duplicate license, which mailing may be proved by the certificate of any officer or employee of the Office of the Administrative Law Judge over the age of 21 years specifying the time and place of giving notice.

History: 1972, PL 12-65 § 1, amd 2004, PL 28-17.