§291E-31 - Notice of administrative revocation; effect.

PART III.  ADMINISTRATIVE REVOCATION PROCESS

 

Case Notes

 

  Due process rights not violated by administrative driver's license revocation hearing procedure where defendant was afforded a hearing where witnesses were called and defendant was represented by counsel, and hearing office advised counsel of the procedure that hearing officer was going to follow.  108 H. 31, 116 P.3d 673.

 

     §291E-31  Notice of administrative revocation; effect.  As used in this part, the notice of administrative revocation:

     (1)  Establishes that the respondent's license and privilege to operate a vehicle in the State or on or in the waters of the State shall be terminated:

         (A)  Thirty days after the date the notice of administrative revocation is issued in the case of an alcohol related offense;

         (B)  Forty-four days after the date the notice of administrative revocation is issued in the case of a drug related offense; or

         (C)  Such later date as is established by the director under section 291E-38,

          if the director administratively revokes the respondent's license and privilege;

     (2)  Establishes that the registration of any motor vehicle registered to a respondent who is a repeat intoxicated driver or a highly intoxicated driver shall be terminated thirty days after the date of an arrest pursuant to section 291E‑33(c);

     (3)  Establishes the date on which administrative revocation proceedings against the respondent were initiated; and

     (4)  Serves as a temporary permit, if applicable, to operate a vehicle as provided in section 291E‑33. [L 2000, c 189, pt of §23; am L 2001, c 157, §13; am L 2006, c 201, §2]

 

Case Notes

 

  The administrative director of the courts (director) may not, in an administrative hearing filed pursuant to §291E-38, consider an offense occurring after the notice of administrative revocation has been issued under this section, as a basis for increasing an administrative revocation period already determined on administrative review by the director under §§291E-37 and 291E-41.  108 H. 350, 120 P.3d 249.