Texas Transportation Code 501.052 – Hearing On Refusal to Issue or Revocation or Suspension of Title; Appeal
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(a) An interested person aggrieved by a refusal, rescission, cancellation, suspension, or revocation under § 501.051 may apply for a hearing to the county assessor-collector for the county in which the person is a resident. On the day an assessor-collector receives the application, the assessor-collector shall notify the department of the date of the hearing.
(b) The assessor-collector shall hold the hearing not earlier than the 11th day and not later than the 15th day after the date the assessor-collector receives the application for a hearing.
Terms Used In Texas Transportation Code 501.052
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(c) At the hearing, the applicant and the department may submit evidence.
(d) A determination of the assessor-collector is binding on the applicant and the department as to whether the department correctly refused to issue or correctly rescinded, canceled, revoked, or suspended the title.
(e) An applicant aggrieved by the determination under Subsection (d) may appeal only to the county or district court of the county of the applicant’s residence. An applicant must file an appeal not later than the fifth day after receipt of the assessor-collector’s determination. The judge shall try the appeal in the manner of other civil cases. All rights and immunities granted in the trial of a civil case are available to the interested parties. If the department’s action is not sustained, the department shall promptly issue a title for the vehicle.
(f) A person may not apply for a hearing under this section if the department’s decision under § 501.051 is related to a title for a salvage motor vehicle or a nonrepairable motor vehicle, as defined by § 501.091.