61-5-206. Authority of department to suspend license or driving privilege -- right to hearing.
61-5-206. Authority of department to suspend license or driving privilege -- right to hearing. (1) The department may suspend the driver's license or driving privilege of a driver without preliminary hearing upon a showing by its records or other sufficient evidence that the licensee:
(a) has committed or permitted an unlawful or fraudulent use of the license as specified in 61-5-302;
(b) has falsified the licensee's date of birth on the application for a driver's license;
(c) is under 21 years of age and has altered the licensee's or another's driver's license, identification card, or tribal identification card to obtain alcohol; or
(d) has authorized another to use the licensee's driver's license, identification card, or tribal identification card to obtain alcohol.
(2) If the department suspends a driver's license under 61-5-207 or this section or reinstates a license suspension or revocation upon conviction or forfeiture of bail not vacated of any traffic violation by a person who holds a probationary driver's license under 61-2-302, the department shall immediately notify the licensee in writing and upon the licensee's request shall afford the licensee an opportunity for a hearing as early as practical, within 20 days after receipt of the request, in the county in which the licensee resides unless the department and the licensee agree that the hearing may be held in some other county. At the hearing, the department through its authorized agent may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination of the licensee. At the hearing, the department shall either rescind its order of suspension or, for good cause, may affirm, reduce, or extend the period of suspension of the license.
History: En. Sec. 31, Ch. 267, L. 1947; amd. Sec. 1, Ch. 101, L. 1961; amd. Sec. 1, Ch. 137, L. 1969; R.C.M. 1947, 31-147; amd. Sec. 1, Ch. 503, L. 1985; amd. Sec. 1, Ch. 244, L. 1987; amd. Sec. 23, Ch. 443, L. 1987; amd. Sec. 1, Ch. 471, L. 1991; amd. Sec. 18, Ch. 195, L. 1993; amd. Sec. 2, Ch. 218, L. 2001; amd. Sec. 4, Ch. 556, L. 2003; amd. Sec. 115, Ch. 596, L. 2005; amd. Sec. 10, Ch. 180, L. 2007.