Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 16 - COMMERCIAL DRIVER LICENSE › Subchapter B - APPLICATION REQUIREMENTS AND EXAMINATIONS › Section 16.24 - Falsification

Current through Reg. 49, No. 28; July 12, 2024
(a) A person who knowingly falsifies
				  information or certifications on an application for a commercial driver license
				  (CDL) is subject to a 60 day cancellation of the person's CDL, commercial
				  driver learner's permit, or application.
(b) Within 30 days after discovering that the
				  applicant has provided false information, the director of the department or his
				  designee will notify the person that his CDL, commercial driver learner's
				  permit, or application will be canceled for 60 days beginning on the 20th
				  calendar day after notification. Date of notification is the date appearing at
				  the top of the cancellation order issued to the person. Proper notification is
				  presumed if the notification is mailed by first-class mail to the applicant or
				  licensee at the last mailing address on file with the department. The
				  department may, alternatively, personally serve the notification and order. If
				  the cancellation order is personally served, the person may choose to have the
				  60 day cancellation period effective immediately upon service.
(c) A person may appeal the cancellation
				  order by timely requesting a hearing in writing. The request for hearing must
				  be received by the department before the effective date of cancellation for the
				  appeal to be timely. If a timely request for a hearing is made, the director
				  will appoint a hearing officer from within the department. The hearing will be
				  held in the county where application was made, in the Texas county where the
				  applicant of licensee resides, or in a county adjoining either the county of
				  residence or county of application, as determined by the director.
(d) Notification of the hearing will be sent
				  to the person by first-class mail at the last mailing address on file with the
				  department or to an address specifically referred to in the written appeal.
				  Notice of the hearing will be sent at least 10 calendar days prior to the date
				  of hearing. The cancellation action will not be held in abeyance pending a
				  hearing of final determination of the hearing officer.
(e) The only issue at the administrative
				  hearing is whether the person did or did not falsify application or
				  certification information. The hearing officer has the only authority to make
				  an affirmative or a negative finding on this issue. The hearing officer will
				  report the finding to the director. If an affirmative finding is reported, the
				  license or application will remain canceled for the duration of the 60 day
				  cancellation period. If a negative finding is reported, the license or
				  application will be immediately reinstated by the department.
(f) If the falsification is discovered at the
				  driver license office during the application process, the applicant will not be
				  permitted to continue with the application and examination procedures. The
				  department employee who discovers the falsification will immediately notify the
				  Enforcement and Compliance Service at the department headquarters in Austin so
				  that formal cancellation action may be initiated. A person may not submit a new
				  application for a CDL or commercial driver learner's permit pending formal
				  action by the department.
(g) A
				  person may not submit a new application for a CDL or commercial driver
				  learner's permit during the 60 day cancellation period or while an appeal is
				  pending. After the cancellation period has expired, the person must reapply as
				  an original applicant.