Texas Administrative Code › Title 43 - TRANSPORTATION › Part 13 - HIDALGO COUNTY TAX ASSESSOR-COLLECTOR › Chapter 401 - MOTOR VEHICLE TITLE SERVICES › Section 401.10 - The Review Board

Current through Reg. 49, No. 28; July 12, 2024
(a) A person who
				receives notice of adverse action taken on his license by the Hidalgo County
				Tax Assessor-Collector may submit a written request for appeal or protest and
				submit evidence, in the form of documents or testimony, to demonstrate that
				person's compliance with all requirements for the issuance, retention, or
				reinstatement of the person's license. The person must submit evidence and file
				a written request for the appeal of an action taken on the person's license
				with the County Tax Assessor-Collector within 10 calendar days from the date of
				receipt of the notice of action on the person's license. Proof of receipt of a
				notice of action, or any other document that triggers a deadline under this
				section, includes, but is not limited to, a certified mail return receipt. The
				Tax Assessor-Collector or the Review Board may grant additional time to comply
				with this section upon written request.
(b) Evidence and/or a written request for an
				appeal must be sent to Hidalgo County Tax Office, via certified mail at 2804 S.
				US HWY 281, Edinburg, Texas 78539/P.O. Box 2099, Edinburg, Texas 78540 or at
				the address published at:
http://www.hidalgocountytax.org
.
(c) Upon timely filing of a request for an
				appeal, the County Tax Assessor-Collector shall request review by the Review
				Board. The adverse action shall be stayed until a final decision is made on the
				license.
(d) The above-referenced
				Review Board, designated by the Hidalgo County Tax Assessor-Collector, shall
				consist of an active member of the licensed Title Service, the Tax
				Assessor-Collector or his/her representative, and one law enforcement officer
				from the Fraud Investigations Department.
(e) Each member of the Review Board shall
				serve for a term lasting for one year. A member may be designated for
				additional terms as deemed appropriate by the Hidalgo County Tax
				Assessor-Collector.
(f) If a member
				is absent for three consecutive meetings, the Tax Assessor-Collector, may, in
				his discretion, remove the member and appoint a new member to serve the
				remainder of the term.
(g) If a
				review board member is removed or resigns, the Tax Assessor-Collector may
				appoint a new review board member to fill that member's position. The new
				member will serve for the remainder of the former member's term.
(h) The Review Board shall meet as needed, on
				a date determined by the Hidalgo County Tax Assessor-Collector. The Board will
				review any appeals and make a recommendation to the County Tax
				Assessor-Collector stating whether the Board agrees or disagrees with the
				action taken.
(i) The Hidalgo
				County Tax Assessor-Collector shall be the Chair of the Review Board.
(j) A quorum of three members of the Review
				Board must be present to render a decision. No proxy votes will be
				allowed.
(k) Review Board decisions
				are administrative in nature. As such courtroom rules of evidence shall not
				apply. However, the Review Board Chair may limit or discard evidence that he or
				she finds is not material and relevant.
(l) The parties to a Review Board proceeding
				shall file and exchange documentary evidence at least seven (7) days before a
				Review Board proceeding. The Chair may, at the Chair's discretion, exclude
				evidence that is not timely filed and served on the other party(ies).
(m) A simple majority vote of a quorum of
				Review Board members shall determine the recommendation on matters under
				consideration. The Tax Assessor-Collector's Fraud Investigations Division, or
				his or her designee, shall present the case to the Review Board and carry the
				burden of proof. The standard of proof shall be by a preponderance of the
				evidence.
(n) A quorum of the
				Review Board may draft and approve other procedural rules that are not
				inconsistent with this section or other law. Any such rules must be published
				on the Hidalgo County website and made available to the public in print form
				upon request.
(o) All decisions
				related to license appeals or protests shall be subject to final review and
				determination by the Hidalgo County Tax Assessor-Collector. The Hidalgo County
				Tax Assessor-Collector shall send disposition of the appeal to the person by
				registered or certified mail. If the Tax Assessor-Collector does not reinstate
				the license, any adverse action stayed by the appeal will be
				reinstated.