Texas Transportation Code, Chapter 724 – Implied Consent

Texas Transportation Code, § 724.043
FINDINGS OF ADMINISTRATIVE LAW JUDGE.

A person waives the right to a hearing under this subchapter and the department's suspension or denial is final and may not be appealed if the person:

  1. If the administrative law judge finds in the affirmative on each issue under Section 724.042, the suspension order is sustained. If the person is a resident without a license, the department shall continue to deny to the person the issuance of a license for the applicable period provided by Section 724.035.
  2. If the administrative law judge does not find in the affirmative on each issue under Section 724.042, the department shall return the person's license to the person, if the license was taken by a peace officer under Section 724.032(a), and reinstate the person's license or rescind any order denying the issuance of a license because of the person's refusal to submit to the taking of a specimen under Section 724.032(a).

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