(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.

Source Note: The provisions of this §16.24 adopted to be effective September 14, 2016, 41 TexReg 7117