ALR Hearings and Occupational Licenses

For many people, the most serious consequence of a D.W.I. arrest or conviction is theloss of their driver's license. This paper will attempt to set out the procedures that D.P.S. mustfollow before suspending a license and the procedures necessary to obtain an occupationaldriver's license. Because an occupational license issued for an ALR suspension may be used toaddress a variety of overlapping suspensions, it will also be necessary to understand theimplications of so-called "mandatory" and "subsequent education" suspensions and the variouswaiting periods that might prevent the issuance of an occupational license.

If a person arrested for D.W.I. is to be subject to an ALR suspension, he or she must begiven two documents. The first is the DIC 24 the Statutory Warning. This statutory warning sets out the consequences for either a refusal or failure of the breath test. It also serves asevidence of a refusal at the ALR hearing. The second form is the DIC 25, Notice of Suspension(Temporary Driving Permit). The serving of this form marks the beginning of the ALR process, The deadline for requesting the hearing is calculated from the date of service, not the date ofarrest. In addition, the DIC 25 serves as a temporary driving permit, in the event that an officerseizes a person’s original license.

I. Requesting the ALR Hearing

A. Filing a Request for Hearing.

You only have 15 days from the date that the DIC 25 is served on your client to requestan ALR hearing, and the day of service counts as the first day. A request for hearing may bemade by telephone, in writing by mail, or in writing via fax.1 The request should state yourclient’s name, driver’s license number, date of birth, the date notice was served, the county ofarrest, arresting agency and officer, and whether your client is accused of failing or refusing thebreath, blood, or urine test. If your client has an out of state driver’s license, the request shouldalso include the client’s address. All of this information is generally set out in the DIC 25;however, if any of the information is omitted or illegible, it is sufficient to say that theinformation is unknown. For example,” my client was arrested by an unknown officer of theHouston Police Department.” Finally, the request should state whether your are requesting a liveor telephonic hearing.

TIP [See Form1] I highly recommend requesting an ALR hearing by fax. This has severaladvantages. First, a faxed request will be received by D.P.S. much faster than one sent by mail.

1The instructions for requesting a hearing are set out at the bottom of the DIC 25. Telephone requests can be made to (800) 394-9913. Written requests can be mailed to TexasDepartment of Public Safety, Driver Improvement Bureau, P.O. Box 4040, Austin, TX 78765-4040. Faxes should be sent to (512) 424-2650.

©Charles Stanfield 2016 all rights reserved. 1

Second, a telephone call leaves no paper trail. Several times a year, D.P.S. will simply lose myrequest for hearing. Because I have set my fax machine to generate a transmittal notice withevery fax sent, I have written proof that a request was sent. On the occasions that D.P.S. has losta timely request, I have been able to have a hearing set by submitting this proof.

For years, the process of requesting an ALR hearing was fairly straight-forward, and therequirements have not changed. It appears, however that increasing numbers of hearing requestsare being rejected on technical grounds.2 If your client blew, request the hearing as a breath testfailure. If he didn’t blow, you could call it a refusal. This is no longer true. The prevalence ofblood draws, both voluntary and with a warrant, makes things very confusing. DPS will be veryquick to use this confusion to avoid giving your client a hearing.

Voluntary Blood Draws

What is Supposed to Happen:

When an officer asks your client to give a voluntary blood sample, and your clientconsents, the officer is supposed to provide your client with a copy of the DIC 24 StatutoryWarnings and return your client’s license. The reason for this is that the criteria for an ALRsuspension have not been met. Your client has not refused, and no one knows whether yourclient failed the test until the lab results are done. Once the lab work is done, DPS should beinformed if the test was above a .08 BAC. Upon such notice, DPS should issue a Notice ofSuspension. This notice of suspension is essentially a DIC 25, sent in letter form. Unlike thefamiliar DIC 25, you have 20 days from the issuance of the letter to request a hearing. It isimportant to note, that the date of issuance is the date printed on the face of the letter, it is not thepostmark date and it is certainly not the date your client receives it. Recently, I have been seeingmore instances where officers are following correct procedure by not filing DIC paperwork withthe state. Unfortunately, they are still spotty about returning drivers licenses to clients.

What Generally Happens:

For years, in almost every voluntary blood case that I have handled, the officer wouldprovide a DIC 24 and seize the client’s drivers’ license. Officer’s seem to split about 50/50 as towhether the provide a DIC 25, and of the cases where the DIC 25 is served two thirds willindicate a blood test failure, and the others will leave the top section blank.

2 I have not requested any information from DPS to corroborate by belief that ALRrequests are being rejected in increasing numbers. This claim is based on my personalexperience in fielding calls from attorneys who have received letters informing them that theirhearing request was defective, and it is now too late to request a hearing. In fact, I received sucha call while writing the above paragraph.

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What You Should Do:

Whenever there is a voluntary blood draw, I always request a hearing as a blood testfailure. I do this because I don’t know whether the officer has filed his DIC paperwork withDPS. If it turns out that he or she did file, your client will avoid the automatic suspensionbeginning 40 days after the date of the incident.3 It is important that you not specify whether thefailed test was blood or breath. DPS will reject a request if you specify blood, on the groundsthat there is no blood test result. Instead, refer to a failure of an “alcohol test.” [See Form #1]

When you request a hearing and no documents were filed by the officer, DPS will sendyou a letter informing you that there is no need to request a hearing. There is no harm to yourclient, and the only cost to you is the time it takes to send a fax.

When you request a hearing and the officer did file DIC paperwork, one of three thingswill happen. First, DPS may send the letter mentioned in the preceding paragraph. This willhappen when no blood test results are available.4 A second possibility is that DPS will send aletter indicating that your client’s BAC was below a .08 and that the Notice of Suspension hasbeen rescinded. The final possibility is that DPS will set a hearing. None of these outcomes willprejudice your client, and cost to you is that of a single fax.

Whenever I have a voluntary blood draw case, I always inform the client that we really donot know whether the officer filed paperwork, and that an ALR request may or may not actuallybe needed. In addition I warn the client that if DPS receives notice that a blood test was failed,that they might send him a new notice of suspension in the mail. I make sure every client’saddress is up to date and make them promise to call the day they receive any mail from DPS.

Involuntary Blood Draw (Search Warrant Cases).

What’s Supposed to Happen

3 The Transportation Code actually states that the suspension will begin 40 days after theDIC 25 is served on your client. Unfortunately, and especially in voluntary blood draw cases, theofficer will sometimes file DIC paperwork without serving a copy to your client. In thesecircumstances, DPS will assume that the form was served on the date of the incident. The onlyway to get DPS to retreat from this position is if, when the contact the officer, he or she admitsthat no DIC 25 was served. I’ve seen it happen, but it is something I would rather not rely onhappening.

4 This letter does not mean that the blood work has not been done. It simply means thatDPS has not received a report of the blood test result. It is common for the criminal courtprosecutor to obtain the result of a blood test before DPS becomes aware of it. Often, DPS neverfinds out that a blood test was failed.

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In most instances an officer will attempt to get a voluntary sample of breath or bloodbefore making the effort to obtain a warrant. Although it is possible for an officer to simply skipthe request process and jump directly to a warrant, it seems unlikely that an officer would dounnecessary work. For purposes of this paper, I will assume that blood warrant cases will all berefusal cases.5 When consent is refused and a warrant is obtained, the officer should serve a DIC24, DIC 25, and seize the person’s license. Ordinarily, officers will request a breath sample, andupon refusal, obtain a warrant for blood, but on occasion, officers will begin by asking for blood.

What Usually Happens

In most of these cases, the DIC paperwork is filed correctly. Occasionally, officers willexecute the documents as if it were a voluntary case with test results pending.

What You Should Do

If you have a DIC 25, request the hearing in the manner set out on the form. If the 25states that your client provided a sample, request the hearing as a failure. If the 25 states that theclient refused, request a hearing as a refusal. If your client did not receive a DIC 25, whetherthrough fault of the officer or the jailors, request the hearing as a refusal.

Consensual Breath Cases and Refusals Without Blood Warrants

What Is Supposed to Happen Is What Usually Happens

These cases rarely present any unusual issues. The only twist is likely to be that yourclient has not received a DIC 25.

What You Should Do

If you have DIC 25 follow its lead. If there was no DIC 25, assume that the officer sent itto DPS. If your client blew, assume he failed. If there was no breath test, assume he refused.

What You Should Never, Under any Circumstances Do

You should never file an incomplete ALR request. If you indicate that you do not knowwhether there was a test, or if there was a test, whether your client failed it, DPS will sit on therequest until after the 15 day deadline has run, and then send you a letter informing you that it isnow too late to request a hearing. If you don’t know, guess. If you guess wrong, DPS willeventually solve the problem by amending its pleadings.

5 Situations where the suspect is unconscious fall under the implied consent statute andshould be treated as if consent was given.

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B. Telephonic or Live?

An ALR hearing may be conducted telephonically if both parties agree. If the initialrequest is for a telephonic hearing, there is no need to obtain D.P.S.’s consent. A live hearingmay be changed to a telephonic hearing either by agreement of the parties, with State Office ofAdministrative Hearings’s consent (§ 159.9© State Office of Administrative Hearings Rules) orby making a timely request (§ 159.11 State Office of Administrative Hearings rules).

The main difference between a live and telephonic hearing is that all exhibits must bepre-marked and filed with both State Office of Administrative Hearings and the opposing partytwo business days before the hearing. § 159.7(b)(2) State Office of Administrative HearingsRules. Failure to provide these documents will prevent their admission into evidence. Becauseof this rule, there may be an advantage in proceeding telephonically when you believe D.P.S. hasoverlooked a flaw in the documents. On the other hand, it is generally easier to secure witnessesby phone than in person. Experiment with both types of hearings and determine which is moresuccessful with your mix of local judges, prosecutors, and witnesses.

TIP [See Form 2] Under State Office of Administrative Hearings rules, transferring a casefrom the live to telephonic docket is considered a change of venue. In fact, moving a casefrom one docket to another can result in the case being transferred from one State Officeof Administrative Hearings office to another. A change of venue from live to telephonic,or vice versa, should be filed with the State Office of Administrative Hearings officeidentified in the Notice of Hearing letter. Send the D.P.S. copy to the prosecutoranswering your discovery request.

II. Discovery

Obtaining documents and knowing what to make of them is the key to success at an ALRhearing. Discovery will tell you how to proceed with your hearing and, perhaps, how to proceedwith the entire defense of a client. Fortunately, the discovery process is so simple that it requiresalmost no effort on your part..

A. Requesting Discovery

TIP: [See Form 3] A discovery request must be made in writing, and should be faxed to (512)424-7171.6 There is no prescribed form for a discovery request, but it should include the

6Alternatively, discovery requests can be mailed to Director of Hearings, A.L.R. Program,P.O. Box 15327, Austin, TX 78761-5327. Failure to send discovery requests to the exact addressor fax number set out in 37 Tex.Admin.Code §17.61 can result in a discovery request being

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client’s name, cause number, hearing date, and, of course, your fax number.

B. Sanctions

D.P.S. must answer all discovery requests within 5 days, or must state that they have notreceived any documents on the case. Furthermore, D.P.S. has a continuing obligation tosupplement discovery by providing any additional documents within 5 days of receipt. Unfortunately, there are no sanctions if D.P.S. fails to comply with this 5 day rule. There is,however, a second discovery rule that does provide some protection. D.P.S. may not provide anydocuments fewer than 10 days before the hearing. If documents are provided late, and D.P.S.attempts to offer them at the hearing, the defendant has an absolute right to a continuance.

C. Reciprocal Discovery

If D.P.S. files a discovery request with the defendant, then the defense is under the samediscovery obligations as D.P.S.. This means that if the defendant fails to provide anydocumentary evidence to the department fewer than 10 days before the hearing and then offersthat evidence at the hearing, D.P.S. has a right to a continuance. In practice, however, there arevery few situations where D.P.S. would benefit from a continuance.

D. Telephonic Hearings

As set out above, in telephonic hearings, D.P.S. must pre-file any documents it wishes tointroduce. No separate discovery request is necessary.

E. Discovery Issues Related to the Criminal Case

One of the most important functions of the ALR hearing is the chance to obtain discoveryfor the D.W.I. case pending in criminal court. Depending on the county of arrest, you may havecomplete access to the prosecutor’s file or be limited to the facts alleged in the information. TheALR discovery process allows you to examine documents, cross examine State’s witness, and toconduct a dress rehearsal for trial. No civil attorney would ever try a case without deposing theother side’s chief witnesses. The ALR hearing allows you this same luxury.

TIP [See Form 4] While there is no court reporter at an ALR hearing, it is very simple to obtainaudio recordings and certified transcriptions of hearings. Audio recordings of hearings areavailable through the State Office of Administrative Hearings site where the hearing wasconducted. Requests should be made by email. Call the SOAH office handling the hearing forcontact information for the person who will satisfy your request. There is no charge for thisservice. Transcripts are available by written request to State Office of Administrative Hearings;

unenforceable. Texas Department of Public Safety v. Cantu, 944 S.W.2d 493 Tex.App.–Houston[14th Dist.] 1997, no writ).

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P.O. Box 13025; Austin, TX 78711. For the fastest response, call the local SOAH officehandling your hearing. They will be able to tell you the exact cost of transcription. Include acheck for that amount, payable to the State Office of Administrative Hearings, in your writtenrequest. Expedited transcripts are available at a slightly higher cost, and are, in my experience,worth the expense.

III. Securing Witnesses

Theoretically, D.P.S. can prove every element of an ALR case through use of writtendocuments, and in most cases you will find that the documents are legally sufficient for thedepartment to make its case. This means that your only chance to win the hearing is to have theofficers served with subpoenas to appear at the hearing. If the officers fail to appear at thehearing, the documents can be suppressed, leaving D.P.S. with no evidence. If the witnesses doappear, you have the opportunity to cross examine the officers in order to impeach the writtendocuments. Without issuing and serving subpoenas, your hopeless situation will remainhopeless.

Under the administrative rules, there are two types of subpoenas available–attorney-issued and judge-issued. Both types of subpoenas will be discussed, but judge-issued subpoenaswill rarely, if ever, play a part in any of your hearings.

A. Attorney-Issued Subpoenas

The rules pertaining to attorney-issued subpoenas are set out in Texas AdministrativeCode § 159.103(b) and are set out in full:

“An attorney who is authorized to practice law in the State of Texas may issue up to twosubpoenas for witnesses to appear at the hearing. One subpoena may be issued to compel thepresence of the peace officer who was primarily responsible for the defendant’s stop or initialdetention and the other may be issued to compel the presence of the peace officer who wasprimarily responsible for finding probable cause to arrest the defendant. If the same officer wasprimarily responsible for both the defendant’s stop and arrest, the attorney may issue only onesubpoena.”

The rule is simple and cannot really be clarified. You get to subpoena the stopping officer andthe officer who handled the field sobriety tests. If one officer did both, you only get onesubpoena. This bright-line rule does not fit every arrest and entirely ignores officers onlyinvolved in administering or certifying breath or blood tests, but it will give you a fairopportunity to examine the critical, pre-arrest events, in almost any case.7

7Arguably, this rule also ignores most accident situations where the officer did notobserve the accident. The issue at the alr hearing, however, is not whether the defendant actually

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B. Judge-Issued Subpoenas.

The rules covering judge-issued subpoenas are in §159.103© of the Texas AdministrativeCode. These subpoenas must be filed more than 10 days before the hearing and are subject toapproval by the administrative law judge. This procedure is necessary if you are attempting tosubpoena more than the two officers allowed under the rules for attorney-issued subpoenas, or ifyou are attempting obtain service on a witness who is not a peace officer.8

I am personally aware of numerous attempts by attorneys to obtain subpoenas fortechnical supervisors and breath test operators not covered by §159.103(b). I am not, however,aware of a single subpoena being issued. At the very least, a request for a judge-issued subpoenashould include some very particularized allegations concerning irregularities with your client’scase. You request should allege specific facts and the basis for your knowledge of the facts. Isuspect that in cases where you have very specific factual allegations and extrinsic proof, thepresence of the breath test operator might not really be in your interest.

C. Procedures for Issuing, Serving, and Perfecting Service of Subpoenas.

The mandatory forms for both types of subpoenas are available for download at the StateOffice of Administrative Hearings. www.SOAH.tx.us. The forms are in PDF format and arevery simple to use. A copy of the subpoena must be served on the department on the day it isissued. Send the notice by fax to your local D.P.S. office. The subpoena must be served at least5 days before the hearing, the original return and witness fee must be filed at SOAH at least threedays before the hearing. The amount of the witness fee is determined by the witness’s mileage tothe hearing location. If the round trip mileage is 25 miles or less, the fee is $10.00. For longerdistances, the mileage is $0.54 per mile plus the basic $10.00 witness fee. A copy of the returnmust also be filed with D.P.S. at least three days before the hearing. The D.P.S. filings may bemade by fax. Be prepared to tender a check to the officer at the time of the hearing.

committed the offense of DWI, but whether the officer, given the evidence at hand, had probablecause to arrest. While it would be proper impeachment of the officer to ask whether he or sheasked the civilian witnesses a variety of crucial questions, it would not be relevant to ask theactual witnesses those same questions at the hearing. It might, however, be a legitimate inquiryto ask the civilian witnesses if the officer accurately reported the witnesses statements given atthe scene. Section 159.103 (b) makes no allowance for such a possibility, but section 159.103©might.

8It would also be necessary for any non-attorney representing himself to have thesubpoena issued through the administrative law judge. Any non-attorney reading this footnote isto be commended for his or her persistince, but is hereby advised to hire an attorney. Attorneysreading this footnote are also to be commended.

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D. Breath Test Operators and Technical Supervisors

In the past, it was possible to secure the presence of the BTO and TS simply by filing awritten request. Due to amendments to the Transportation Code, the legislature has eliminatedthis option. Any discussions of these “statutory” witnesses in older publications have beensuperceded by this change and should be ignored. If you absolutely need the presence of one ofthese witnesses, your only option is a judge-issued subpoena.

E. Sanctions for Failure of Witnesses to Appear

If a properly subpoenaed witness fails to appear, any documents, or portions of adocument, that would have relied on that witness’s testimony will not be considered by the ALJ. Because of how it was designed, the failure of any witness, properly subpoenaed under rules forattorney-issued subpoenas, to appear at the hearing should result in a win. When officers fail toappear, D.P.S. will occasionally ask that the officer be allowed to testify by phone. If obtaininginformation for trial is more important than saving your client’s license, you may wish to consentto telephonic testimony.9 If, however, your top priority is to win the hearing, the officer may nottestify by phone without the consent of both parties.10

F. When Should Witnesses Not be Requested?

Some times, the goal of the ALR hearing is to win, and some times it is to prepare fortrial. If you know that your client will be pleading guilty, or if the case has already beendismissed, the only issue is saving your client’s license. For some client’s saving the license maybe more important than avoiding a conviction.11 the outcome of the ALR hearing may be moreimportant than the potential advantage of deposing the arresting officer. In either of thesesituations, you may not want a witness to appear. Read the DIC 23. If it fails to prove everyelement required, you do not want a witness bringing all of those pesky facts to fill in the blanks. Also, if you find a technical flaw in the affidavit that will prevent its admissibility, the presence

9An administrative law judge does not have the authority to enforce his subpoena througha writ of attachment. Such enforcement is possible through intervention of a district judge. Thisprocedure is set out in §2001.201 Government Code.

10Texas Administrative Code §159.23 © (8).

11If your client possesses a commercial drivers license, there are other factors to consider. No one may operate any vehicle on an occupational license that otherwise require an acommercial driver’s license. Texas Transportation Code §521.242 (f). CDL holders faceadditional license consequences above and beyond license suspension. Section 522 of theTransportation Code sets out the rules concerning disqualification of class A and B licenses. This section should be reviewed closely to see how your client might be affected.

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of the witness will allow D.P.S. another chance to prove its case. On cases where an affidavit is borderline, I will subpoena the witness. If he fails to appear, I have a win. If he does appear, Imight decide not to call him and make my argument about the paperwork.

IV. Continuances

A. Defense Continuances

A defendant has an absolute right to a continuance if the request is made more than 5days before scheduled hearing date and there has not already been a continuance in the case. These “5 day” continuances must be made in writing, and are filed directly with D.P.S., ratherthan State Office of Administrative Hearings.. There are no specific requirements as to the formthat the request must take. A sample of my “5 day” continuance request is set out as Form 5. Although not required, I propose three future dates for the hearing.

It is still possible to obtain a continuance if you are within 5 days of the hearing, or therehas been an earlier continuance. Unlike the 5 day continuance, these continuances are governedby very specific requirements. § 159.11 State Office of Administrative Hearings Rules. Arequest for continuance must be in writing and state the basis for the request, it must contain acertificate of conference, and it must contain three proposed dates. Technically, the only validreason for a second continuance is a medical condition that prevents either the defendant or hisattorney from being present at the hearing. In practice, the Houston office routinely grantssecond continuances based on scheduling conflicts, and I suspect that other offices have similarpolicies. The certificate of conference requires you to speak to the prosecutor handling the caseabout the motion for continuance and state whether he or she is opposed to the motion. Finally,the three proposed dates should all be at least 5 days after the currently scheduled date of thehearing, and the Houston office requires at least 10 days. See Form 6.

B. D.P.S. Continuance

D.P.S. may obtain a continuance if it makes its request more than 48 hours before thehearing, and is subject to all the requirements for continuance requests set out above. There is,however, an exception that swallows this rule. As set out above, D.P.S. may seek a continuance,even at the time of the hearing, if the request is based on the unavailability of a subpoenaedwitness.

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V. Conducting the Hearing

A. Factual Issues

The specific element that must be proven in an ALR hearing are set out in §524.035(failure) and § 724.042 (refusal). For ease of analysis, I have divided the issues slightlydifferently.

1. Was Officer’s Contact Legal?

a. When Contact is the Result of a Traffic Stop

The majority of D.W.I. arrests are the result of a traffic stop. Generally these will besituations where the officer observes some specific driving conduct that the officer believejustifies a traffic stop. Most of the traffic violations that would justify a D.W.I. stop are set outin §§ 544-45 of the Transportation Code. The enormous amount of statutory material and caselaw that would be necessary to cover this topic go well beyond the scope of this paper.

b. When Contact is not the Result of a Traffic Stop.

Unfortunately, almost any contact initiated by an officer that does not involve a trafficstop will be legal. Most of these cases will be situations in which the officer approaches thedriver at the scene of an accident or after the driver has stopped of his own accord. There are,however, a few examples where there is not traffic stop, but the initial contact requires ashowing of probable cause or reasonable suspicion. Situations where the officer prevents yourclient from leaving a scene or requires your client to accompany the officer to another scene mayprovide opportunities to argue the legality of this initial contact.

c. When Can the Officer ask your Client to “Step out of the Vehicle”

The reason for stopping a client, e.g. speeding, does not necessarily justify the officerrequesting field sobriety tests. In an appeal of an affirmative finding in an ALR case, D.P.S. v.Rodriguez, 953 S.W.2d 362 (Tex.App.- Austin 1997) addresses this point.

The affidavit that represented all of the evidence at the administrative hearing providedsufficient evidence of probable cause to stop Rodriguez’s automobile. Rodriguez wasspeeding, sixty-four miles per hour in a fifty-five mile per hour zone. This is notcontested by the parties. There is, however a fatal gap in the evidence concerning theprobable cause Officer Gautier had to detain Rodriguez in order to investigate whethershe was driving while intoxicated. The evidence in the record is completely silent on anycausal connection between the initial stop and the subsequent field sobriety tests. Thus,while the first stop was justified because Rodriguez was speeding, the second “stop”(detaining Rodriguez to perform the field sobriety tests) was not. The United States

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Supreme Court has held that law enforcement officers can make a stop only if they areaware of “specific and articulable facts which, taken together with rational inferencesfrom those facts, reasonably warrant” such an intrusion. Terry v. Ohio, 392 U.S.1, 21(1968) That Court has also held that the scope and duration of a stop are limited by itsunderlying justification:

The scope of the decision must be carefully tailored to its underlyingjustification...[A]n investigation detention must be temporary and last nolonger than is necessary to effectuate the purpose of the stop. Similarly,the investigative methods employed should be the least intrusive meansreasonably available to verify or dispel the officer’s suspicion in a shortperiod of time. Florida v. Royer, 460 U.S. 491, 500 (1983)”

Rodriguez, 953 S.W.2d at 364.

The importance of Rodriguez is enhanced when considered in tandem with the line ofcases finding that consumption of alcohol, absent evidence of impairment, is insufficient toestablish a D.W.I.. Jackson v. State, 681 S.W.2d 910 (Tex.App.-fort Worth 1984) (prior to opencontainer law, evidence that the suspect was literally drinking while driving insufficient absentsigns of intoxication); Perkins v. State, 940 S.W.2d 365, 367 (Tex.App.-Waco 1997)

2. Did Officer Have Probable Cause For D.W.I.?

The second issue is whether the officer had probable cause to arrest for D.W.I.. It isimpossible in the space available to discuss all of the possible defenses to D.W.I.; however, some issues are uniquely important at an ALR hearing.

Make certain that all observations of intoxication were made before arrest. Post arrestobservations are relevant in criminal court to establish intoxication at the time of arrest. They areirrelevant in determining whether the officer had sufficient probable cause at the time of arrest.

Officers will often use abbreviations or simply resort to identifying clues on the fieldsobriety tests. In cases without live testimony to explain, these abbreviations and conclusions aremeaningless. “SOAB” has no recognized meaning, and the six clues on the H.G.N. areindecipherable without interpretation.

Many so-called signs of intoxication are also indicative of other conditions. For example,in cedar season most Austinites have red, bloodshot, and glassy eyes. So do people who havejust left smoke-filled bars.

In most D.W.I. cases, it is not too difficult for the state to prove that the defendant wasdriving. Officers tend to show up for trial, and the prosecutors feel free to subpoena civilianwitnesses. In ALR hearings, it is much more of a problem. When D.P.S. is relying ondocuments alone, the officer’s statement that the suspect was “involved in an accident” fails toexplain the officer’s reasons for reaching that conclusion. Therefore, the judge is deprived of theability to determine the reasonableness of the officers conclusion. Likewise, a witness, identified

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by name alone, fails to establish the officer’s reasonableness in relying on that person’sstatements.12

3. Was There a Valid Refusal or Failure?

In the normal case, the refusal will be proven by the DIC 24. There are, however,questions that you should ask yourself on every case.

Did the officer use an outdated or inapplicable form?

Were the warnings given in a language that your client could understand?

Were the warnings given orally and in writing?

Was your client under arrest when the warning were given?

B. Evidentiary Issue on Paper Cases

1. Incorporation by Reference

Often, the affiant on the DIC 23 will incorporate his offense report or other document intothat affidavit. Once upon a time, incorporation by reference often provided possibilities forhaving a document excluded. Changes in case law have rendered these objections useless.

2. Typical Mistakes

The most common errors in paper cases are abbreviations and conclusory statements. Read the documents as if you have never encountered any of the terms or abbreviations commonto D.W.I. cases. In the case of abbreviations, if the prosecutor “fills in the blanks” duringargument, object that the argument is outside the scope of evidence. When the officer writes thatthe suspect appeared intoxicated, argue that this is mere conclusion and denies the judge theability to weigh the sufficiency of the officer’s observations to warrant such a conclusion.

VI. Suspension Periods

In an ALR hearing, the administrative law judge has no discretion as to the length ofsuspension that may be imposed. If the judge finds that sufficient facts exist to make an

12These “wheel” issues are almost always cured when the officer is present to testify. Make certain, however, that you prevent him from repeating witness statements made after yourclient’s arrest.

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affirmative finding, the length of suspension is determined by whether the case is a breath testrefusal, failure, or “minor detectable”13 case.

Suspension Periods Test Failure Test Refusal Minor Detectable

No Prior Contacts* 90 days 180 days n/a

Prior Contact within10 years *

1 year 2 years n/a

No Prior "MinorContact"**

n/a n/a 60 days

1 Prior "MinorContact"**

n/a n/a 120 days

2 Prior "Minor Contacts"**

n/a n/a 180 days

*For this purpose, §524.001 (3) of the Transportation Code defines a contact as follows:"Alcohol-related or drug-related enforcement contact" means a driver's license suspension,disqualification, or prohibition order under the laws of this state or another state resulting from:

(A) a conviction of an offense prohibiting the operation of a motor vehicle while:(I) intoxicated;(ii) under the influence of alcohol; or(iii) under the influence of a controlled substance;

(B) a refusal to submit to the taking of a breath or blood specimen following an arrestfor an offense prohibiting the operation of a motor vehicle while:(I) intoxicated;(ii) under the influence of alcohol; or(iii) under the influence of a controlled substance; or

© an analysis of a breath or blood specimen showing an alcohol concentration of alevel specified by Section 49.01, Penal Code, following an arrest for an offenseprohibiting the operation of a motor vehicle while intoxicated.

**For this purpose, §524.022 (b)(1) defines a contact as being "an offense under Section

13A “minor detectable” case refers the stop of a person who is under 21 and has adetectable amount of alcohol in his or her system. This only applies to situations in which theperson is charged with D.U.I., as opposed to D.W.I..

14

106.041, Alcoholic Beverage Code [D.U.I], or Section 49.04, Penal Code [D.W.I.], or an offenseunder Section 49.07 [Intoxication assault] or 49.08 [Intoxication manslaughter], Penal Code,involving the operation of a motor vehicle...."

D.P.S. prosecutors will attempt to prove the existence of a prior contact by introducing acopy of a certified driving record. It is important to carefully read the entries on the drivingrecord. It is not uncommon for a prosecutor to misread the record and offer a driving record toprove the existence of a prior negative finding in an ALR case. A prior negative finding will notserve as the basis for an ALR enhancement.

A second problem to be aware of is that D.P.S. in Austin will occasionally apply theincorrect suspension period on a case. The most common error occurs when there is a priorcontact that would justify an enhanced suspension, but D.P.S. has failed to successfully prove theexistence of a prior. A less common error is when D.P.S. simply enters a suspension perioddifferent from that imposed by the administrative law judge. Either error can be remedied bysending a copy of the administrative decision to D.P.S.. Contact D.P.S. at (512) 424-2600 andinform them of the problem. The error can usually be remedied by faxing a copy of the decision. Occasionally D.P.S. will enter a suspension shorter than ordered by the administrative law judge. In those cases, it is generally advisable to "forgive and forget" the mistake.

VII. Occupational Licenses

The basic procedure for obtaining an occupational license if fairly simple. First, you filea petition. Second, you have the judge sign an order for the issuance of an occupational license. This order will allow your client to drive for 30 days from the date of issuance. Finally, you submit a copy of the certified order, with the appropriate forms and fees, and D.P.S. will issuethe actual occupational license. This license will make the order good beyond the initial 30 days.

A. Types of Suspensions

The nature of a suspension determines where the petition may be filed and how quicklyD.P.S. will issue an occupational license. For purposes of this paper only three types ofsuspensions will be discussed: ALR suspension, “mandatory” suspensions arising from convictions that are not probated; and “subsequent” suspensions arising from second D.W.I.’sthat are probated.14

1. ALR suspensions

14The variety of other suspensions generally follow the venue rules of A.L.R. suspensions,but do not carry the waiting periods imposed by § 521.251 Transportation Code.

15

ALR suspensions occur after an affirmative finding at an ALR hearing or, if no hearingwas requested, 40 days after the Notice of Suspension is served on a driver. The proper venuefor an occupational license for an ALR suspension is either the county of residence or the countyof arrest. The case may be filed in County Court (civil or criminal) or J.P. Court. Waitingperiods for the issuance of an occupational license are controlled by § 521.251 (b) and ©Transportation Code.

2. Mandatory Suspensions

Mandatory suspensions arise when any person is convicted of a D.W.I. and no portion of the sentence is probated. A second type of mandatory suspension occurs when a person isconvicted for a D.W.I. that was committed when he was under 21 at the time of the offense. Thissuspension occurs regardless of whether the sentence is probated..15 If the sole basis ofsuspension is a mandatory suspension, a petition for an occupational license may only be filed inthe convicting court. § 521.242 Transportation Code.

3. Subsequent Education Suspensions

When a person is required to attend a D.P.S. D.W.I. education program for a second time,this will trigger a suspension of that license. Code of Crim. Pro. Art. 42.12 §13 (2)(k). This,however, does not mean that any second D.W.I. will trigger a suspension. If the first D.W.I. wasnot probated, a probation on the second suspension will prevent the license from beingsuspended. Even if the first D.W.I. involved a probation, there may not have been an order forthe D.W.I. school. If the judge waived the D.W.I. school, see Code of Crim. Pro. Art. 42.12 §13 (2)(l), or if D.P.S. records merely fail to reflect an earlier school, a second probation willsave the license. Another way to save a license on a second D.W.I. is to get a probation and havethe judge waive the school.

Because this suspension is not the direct result of a conviction, and because thesesuspensions are applied administratively by D.P.S., a petition for an occupational license may befiled in either civil or criminal court.

4. Waiting Periods.

When obtaining an occupational license, a certified copy of the court order granting alicense allows a person to drive for 30 days. § 521.249 Transportation Code. After 30 days, aperson may not drive unless the certified copy is accompanied by the actual occupational license. DPS will issue a temporary occupational drivers’ Permit and in about two weeks will issue anlaminated photo ID using digital information already on. The waiting periods set out belowapply to the ability of D.P.S. to issue the occupational license card. The length of a waiting

15Texas Code Crim. Pro. Art. 42.12 § 13 (2)(n).

16

period is determined by the types of suspensions in effect, and the existence of prior suspension.

a. ALR Suspension.

If a person’s license is under an ALR suspension, and that person has not had a licensesuspension arising from a drug or alcohol contact within the five years before the date of thecurrent D.W.I.,.16 there is no waiting period before an occupational license can be issued. §521.251 (a) Transportation Code. If the person has had an ALR suspension in the last five years,there is a 90 day waiting period. § 521.251 (b) Transportation Code. If there is a mandatory orsubsequent suspension in the last 5 years, D.P.S. must wait 180 days before issuing a license. §521.251 © Transportation Code.17

b. Mandatory and Subsequent Suspensions.

There is no waiting period for the issuance of an occupational license when thesuspension arises directly from a conviction or from completion of a subsequent educationprogram.

B. Petitions.

The requirements for an occupational license are set out in § 521.242 TransportationCode. Petitions must be verified. They must, if true, state that the suspension is not based on aconviction for D.W.I., intoxicated assault, or intoxicated manslaughter, i.e. not a mandatorysuspension. The petition must state the Petitioner’s county of residence; the basis of suspensionand that the suspension arises under Texas law, and Petitioner’s essential need to drive. Asample petition is set out as Form 7.

C. Orders

The order should state that the judge has found Petitioner to have an essential need todrive. This determination is to be made based on the Petitioner’s driving record, and actual

16There is a 30 day waiting period for a licence issued for a “minor detectable” suspensionarising from a D.U.I. prosecution.

17As of the writing of this paper (September 2016) DPS has informed me that it is notenforcing statutory waiting periods. In other words, if you can find a judge willing to sign anorder, DPS will issue a laminated license, even though the law expressly prevents them fromdoing so. I have to assume that this situation is temporary, and you should check with DPSbefore relying on this information. This is particularly useful for ALR suspensions when there isno accompanying conviction suspension.

17

evidence of need. The judge must also require the Petitioner to show proof of financialresponsibility.18 § 523.244 Transportation Code. Finally, the order should set out the times (notto exceed 12 hours per day), places, and reasons for the petitioner to drive. Since September of2015, there is no 12 hour restriction if the occupational license order require an ignition interlockdevice. In addition to these general restrictions, an order should also include any specificrequirements imposed by the judge. Typical restrictions include:

1. Interlock Device.

Although a judge may order one, an interlock devise is never mandated for an ALRoccupational license. Ignition interlocks are, however, required for mandatory and subsequenteducation suspensions. The judge may waive the interlock requirement if to do so is “in the bestinterest of justice and [the judge] enters that finding in the record.” § 524.246 © TransportationCode. Also, if the judge finds that person cannot afford the interlock, he or she may allow apayment plan. Id. If there is no waiver of the interlock requirement, the interlock must remainfor on half of the suspension period. § 524.246 (d) Transportation Code.

A second exception to the interlock requirement applies to a person driving a vehicleowned by an employer, during the course and scope of that employment.. The employer cannotbe “owned or controlled” by the Petitioner. Furthermore, the employer must be notified of thedriving restriction and proof of that notification is carried in the vehicle. § 524.246 (e)Transportation Code. 19

2. Alcohol Counseling.

For an occupational license issued for an ALR suspension, the order must require thePetitioner to attend some form of alcohol counseling. This counseling cannot be the same ascounseling required as a condition of probation. § 524.245 Transportation Code. Failure tocomply with this requirement can result in an additional suspension.

3. Driving Logs

Although an occupational license cannot be issued for more than 12 hours a day, there areoptions about how that limit can be imposed. Although not recognized by statute, D.P.S. willhonor an order that allows a person to maintain a driving log to prove that he or she is not driving

18Although some judges require proof an SR 22 before signing an order granting anoccupational license, there is no legal basis for this requirement. In fact, § 521.244 does not evenrequire this proof be in writing.

19The requirement for written proof to the employer does not apply to licenses issued forA.L.R. suspensions.

18

for more than 12 hours a day. The order should require the Petitioner maintain the logcontemporaneously with driving, and that the log be available for inspection by a police officer. Some judges may want to receive a copy of the log, but this is not required by D.P.S.. Anexample of driving log language that has been approved by D.P.S. is within Form 7.

D. Obtaining the License

As explained above, an order granting an occupational license will only allow a person todrive for 30 days. For D.P.S. to issue that actual license, the following items must be filed: Acopy of the certified copy of the order granting an occupational license; a file-stamped copy ofthe original petition; a $10.00 application fee20; payment of all reinstatement fees ; and an SR 22. These can be mailed to:

Safety Responsibility BureauOccupational License SectionTexas Department of Public SafetyBox 15999Austin, TX 78761-5999.

The documents may no longer be filed at the main D.P.S. headquarters in Austin.

20If the suspension period is more than a year, you may send $20.00, and the occupationallicense will be issued for an additional year.

19

Charles StanfieldAttorney at Law

1914 N. Memorial WayTel (713) 630-0852 Houston, TX 77007 Fax (713) 524-2775

September 15, 2016

Texas Department of Public SafetyDriver Improvement and ControlP.O. Box 40405805 N. Lamar Blvd.Austin, TX 78773-0001VIA FAX TRANSMISSION TO: (512) 424-2650

Re: JOHN SMITHDriver's License No. 12345678DOB: January 1, 1973

Dear Driver Improvement and Control:

As attorney for John Smith, I am hereby requesting a hearing to contest the suspension ofDriver's License number 12345678. My client was arrested on September 10, 2016 in HarrisCounty by Ofc. Friendly of Houston P.D.. The arresting officer has alleged that Mr. Smith failedan alcohol test.

I would also like to request all documents that the Department intends to introduce at thehearing as well as any documents reflecting an invalid breath test, if they exist.

Sincerely,

Charles Stanfield

FORM #1 ALR Hearing Request

20

No. 2016-09-12345

TEXAS DEPARTMENT OF PUBLICSAFETY, Plaintiff V.

JOHN SMITH, Defendant

§§§§§§§§

IN THE STATE OFFICE

OF ADMINISTRATIVE

HEARINGS,

HOUSTON REGION

MOTION TO CHANGE VENUE

Comes now, defendant in the above styled and numbered cause, by and through hisattorney of record, Charles Stanfield, who would show the following.

I.

This case is currently set for a live hearing on September 15, 2016.

II.

The Defendant wishes to reschedule this as an telephonic hearing.

All premises considered, Defendant prays that this motion be granted and that this casebe rescheduled as a telephonic hearing.

Respectfully submitted,

Charles StanfieldSBN 190317001914 N. Memorial WayHouston, TX 77007(713) 630-0852

CERTIFICATE OF SERVICE AND CONFERENCE

A copy of this motion has been served, by fax/hand-delivery to a representative of theDepartment of Public Safety. I have spoken to M. Yost of DPS who does not oppose thismotion.

_________________________Charles Stanfield

FORM # 2 ALR Change Venue from Live to Telephonic Hearing

21

Charles StanfieldAttorney at Law

1914 N. Memorial WayTel (713) 630-0852 Houston, TX 77007 Fax (713) 524-2775

FAX

TO: DPS

FROM: Charles Stanfield

DATE: September 15, 2016

RECIPIENT'S FAX NO.: (512) 424-7171

NO. OF PAGES: 1 including cover page

RE: JOHN SMITH, No. 2016-09-12345, set for September 15, 2016

*****************************************************************************

MESSAGE

Please consider this a written request for all documents that the department intends tointroduce at Mr. Smith's hearing.

FORM #3 ALR Discovery/Witness Request

22

September 15, 2016

State Office of Administrative HearingsP.O. Box 13025Austin, TX 78711

To whom it may concern:

Please provide a written transcript for Texas Department of Public Safety v. JOHNSMITH, number2016-09-12345. Enclosed, you will find a check in the amount of $75.00 tocover the cost of transcription. Thank you for your assistance.

Charles Stanfield

FORM #4 Request for Transcript

23

Charles StanfieldAttorney at Law

1914 N. Memorial WayTel (713) 630-0852 Houston, TX 77007 Fax (713) 524-2775

FAX

TO: DPS

FROM: Charles Stanfield

DATE: September 15, 2016

RECIPIENT'S FAX NO.: (713)773-2143

NO. OF PAGES: _____ including cover page

RE: JOHN SMITH; No. 2016-09-12345; Set November 9, 2016

*****************************************************************************

MESSAGE

Please consider this as a written request for a "5-day" reset. Please reset this case to December 19, 20, or21, 2016.

Thanks,

FORM # 5 ALR 5-Day Reset

24

No. 2016-09-12345

TEXAS DEPARTMENT OF PUBLICSAFETY, Plaintiff V.

JOHN SMITH, Defendant

§§§§§§§§

IN THE STATE OFFICE

OF ADMINISTRATIVE

HEARINGS,

HOUSTON REGION

MOTION FOR CONTINUANCE

COMES NOW, the Defendant, in the above styled and numbered cause by and throughhis attorney of record, Charles Stanfield, and files this motion for continuance and would showthe Administrative Law judge the following facts:

I.The Defendant is currently set to appear for an administrative hearing on November 9,

2016.

II.

That Defendant requests continuance because his Attorney will be in trial in HarrisCounty Criminal Court #3 at the time this ALR hearing is scheduled.

WHEREFORE, the Defendant prays that the administrative law judge grant this motionand continue this hearing. Please reset this case for December 19, 20, or 21, 2016.

Respectfully submitted,

Charles StanfieldSBN 190317001914 N. Memorial WayHouston, TX 77007(713) 630-0852

CERTIFICATE OF SERVICE AND CONFERENCE This is to certify that a true and correct copy of the above and foregoing Defendant's

motion for continuance has been served on a representative of the Department by fax. Inaddition, counsel for defendant has spoken to M. Yost of DPS, who has no objection to thismotion.

Charles Stanfield

25

FORM # 6 Motion for Continuance

26

No. ________________

EX PARTE

JOHN SMITH

§§§§§

IN THE COUNTY CRIMINAL

COURT AT LAW NO. ______

HARRIS COUNTY, TEXAS

PETITION FOR OCCUPATIONAL DRIVER'S LICENSE

TEXAS Driver's License No. 12345678: DOB January 1, 1973

COMES, JOHN SMITH hereinafter styled Petitioner, and files this Petition for anOccupational Driver's License and in support thereof would respectfully show this HonorableCourt the following:

I

Petitioner is a resident of Harris County, TX. No service is required by the TexasDepartment of Public Safety. Petitioner is filing this Petition under §521.242, TexasTransportation Code. Petitioner's license has been suspended for a cause other than a physical ormental disability or impairment or a conviction under Section 49.04 or 49.07, Penal Code.

II

Petitioner's license is suspended because he failed a breath test. Petitioner's suspensionruns from May 6, 2016 to August 4, 2016, or until the Texas Department of Public Safety liftsthe suspension.

III

That there is an essential need for Petitioner to operate a motor vehicle, namely:

1. In the performance of an occupation or trade or for transportation to and from the placewhere the Petitioner practices his occupation or trade.

2. In the performance of essential household duties.

3. For transportation to attend court ordered activities.

4. For transportation to attend classes and all other activities required for school.

5. For transportation to provide child care/school/extra curricular activities.

27

6. For transportation to attend religious services and meetings.

7. For transportation to attend A.A. meetings.

IV

Petitioner will show that there is an essential need for Petitioner to operate a motorvehicle throughout the State of Texas. Petitioner will show a need to drive on the followingdays and at the following times:

Petitioner has an unpredictable schedule and would find it difficult to specify a schedule, limitedto 12 hours per day, that would allow him to fulfill his obligations. Therefore Petitioner praysthat he be allowed to maintain a contemporaneous driving log to prove to any officer that he isnot exceeding the number of hours, less than 12 hours per day, permitted by order of this Court.

V

Petitioner requests that the four hour restriction be waived.

VI

Petitioner will show he has a valid policy of automobile insurance for minimumcoverage of Twenty Thousand Dollars ($20,000.00) because of bodily injury to or death of oneperson in any one accident and, subject to said limit for one person, Forty Thousand Dollars($40,000.00) because of bodily injury to or death of two or more persons in any one accident,and Fifteen Thousand Dollars ($15,000.00) because of injury to or destruction of property ofanother, in any one accident.

WHEREFORE, Petitioner prays that the Court grant Petitioner an Occupational Driver'sLicense for essential need and order the Texas Department of Public Safety to issue anOccupational License to Petitioner and for such other and further relief as the Petitioner mayshow entitlement to and the Court deem proper.

___________________________________Charles StanfieldATTORNEY FOR PETITIONER

SBN: 190317001914 N. Memorial WayHouston, TX 77007(713) 630-0852

28

THE STATE OF TEXAS }

COUNTY OF HARRIS }

BEFORE ME, the undersigned authority on this day personally appeared Charles

Stanfield, known to me to be the person whose signature is affixed to the foregoing petition and

who after being duly sworn, on his oath stated that he has read the foregoing petition and that

each and every allegation and statement therein contained is true and correct.

SWORN AND SUBSCRIBED to by Charles Stanfield, on this the day of

, 2016, to certify which, witness my hand and seal of office.

Notary Public in and for

Harris County, Texas

FORM #7 Occupational License Petition

29

987654

EX PARTE

JOHN SMITH

§

§

§

§

§

IN THE COUNTY CRIMINAL

COURT AT LAW NO. 4

HARRIS COUNTY, TEXAS

ORDER GRANTING PETITIONER AN OCCUPATIONAL DRIVER'S LICENSE

On this _____ day of _____________, 2016, came to be considered the verified Petition

for an Occupational Texas Operator's License of, JOHN SMITH, license number 12345678.

This Court finds that Petitioner's license is suspended because he failed a breath test.

Furthermore, this Court finds that Petitioner's driver's license will be suspended from May 6,

2016 to August 4, 2016, or until the Department of Public Safety lifts the suspension. This

Court finds that petitioner has shown the following essential needs to drive:

1. In the performance of an occupation or trade or for transportation to and from the place

where the Petitioner practices his occupation or trade.

2. In the performance of essential household duties.

3. For transportation to attend court ordered activities.

4. For transportation to attend classes and all other activities required for school.

5. For transportation to provide child care/school/extra curricular activities.

6. For transportation to attend religious services and meetings.

7. For transportation to attend A.A. meetings.

Finally, this Court finds that Petitioner has shown an essential need to drive:

Petitioner requested that the four hour restriction be waived. Petitioner showed that he

30

has a valid policy of liability insurance; and that the Texas Department of Public Safety should

issue an occupational license to the Petitioner for the duration of the suspension period,

accordingly.

IT IS THEREFORE ORDERED, by this Court, that Petitioner is here and now granted

the use of a motor vehicle along the routes or areas throughout the State of Texas on the

following days and hours of each week, namely:

Monday, Tuesday, Wednesday, Thursday, Friday, Saturday and Sunday not to exceed

____ hours in any consecutive 24-hour period. Petitioner shall maintain and carry a

contemporaneous driving log to prove to any peace officer that Petitioner is not driving

more than ____ hours in any consecutive 24-hour period.

It is ordered that the four hour restriction be waived, and upon receipt of a certified copy

of this order, the Petitioner's license and record of suspension, that the Department of Public

Safety shall issue an occupational license to Petitioner.

As a condition of this occupational license, it is ordered that Petitioner attend ________

A.A. meetings. Written proof of attendance must be submitted to this court by:

_____________________________________________________________________________

_

IT IS FURTHER ORDERED that Petitioner, JOHN SMITH, be furnished a certified copy of

this Order, at the Petitioner's expense, and that a certified copy of this order be forwarded to the

Texas Department of Public Safety.

This order is to remain in full force and effect from this date until the Texas Department

of Public Safety lifts the suspension on Petitioner's license.

SIGNED __________________________.

___________________________________

JUDGE, Harris County

Criminal Court at Law No. 4

Harris County, Texas

A CERTIFIED COPY OF THIS ORDER MUST BE CARRIED BY THE NAMED

PETITIONER AT ALL TIMES WHILE OPERATING A MOTOR VEHICLE. A PEACE

OFFICER MAY EXAMINE THE CERTIFIED COPY UPON REQUEST WHEN

PETITIONER IS OPERATING A MOTOR VEHICLE. IT IS AN OFFENSE TO OPERATE

A MOTOR VEHICLE WHEN A CERTIFIED COPY OF THIS ORDER IS NOT

CARRIED.

FORM # 8 Occupational License Order

31