§ 20-183.8G. Administrative and judicial review.
§ 20‑183.8G. Administrative and judicial review.
(a) Right to Hearing. A person who applies for a license or registration under this Part or who has alicense or registration issued under this Part has the right to a hearing whenany of the following occurs:
(1) The Division deniesthe person's application for a license or registration.
(2) The Divisiondelivers to the person a written statement of charges of a violation that couldresult in the suspension or revocation of the person's license.
(3) The Divisionsummarily suspends or revokes the person's license following review andauthorization of the proposed adverse action by a judge.
(4) The Divisionassesses a civil penalty against the person.
(5) The Division issuesa warning letter to the person.
(6) The Division cancelsthe person's registration.
(b) Hearing AfterStatement of Charges. When a license holder receives a statement of chargesof a violation that could result in the suspension or revocation of theperson's license, the person can obtain a hearing by making a request for ahearing. The person must make the request to the Division within 10 days afterreceiving the statement of the charges. A person who does not request a hearingwithin this time limit waives the right to a hearing.
The Division must hold ahearing requested under this subsection within 10 business days after receivingthe request. The hearing must be held at the location designated by theDivision. Suspension or revocation of the license is stayed until a decision ismade following the hearing.
If a person does not request ahearing within the time allowed for making the request, the proposed suspensionor revocation becomes effective the day after the time for making the requestends. If a person requests a hearing but does not attend the hearing, theproposed suspension or revocation becomes effective the day after the date setfor the hearing.
(c) Hearing AfterSummary Action. When the Division summarily suspends a license issued underthis Part after judicial review and authorization of the proposed action, theperson whose license was suspended or revoked may obtain a hearing by filingwith the Division a written request for a hearing. The request must be filedwithin 10 days after the person was notified of the summary action. TheDivision must hold a hearing requested under this subsection within 14 daysafter receiving the request.
(d) All Other Hearings. When this section gives a person the right to a hearing and subsection (b) or(c) of this section does not apply to the hearing, the person may obtain ahearing by filing with the Division a written request for a hearing. Therequest must be filed within 10 days after the person receives written noticeof the action for which a hearing is requested. The Division must hold ahearing within 90 days after the Division receives the request.
(e) Review byCommissioner. The Commissioner may conduct a hearing required under thissection or may designate a person to conduct the hearing. When a persondesignated by the Commissioner holds a hearing and makes a decision, the personwho requested the hearing has the right to request the Commissioner to reviewthe decision. The procedure set by the Division governs the review by theCommissioner of a decision made by a person designated by the Commissioner.
(f) Decision. Adecision made after a hearing on the imposition of a monetary penalty against amotorist for an emissions violation or on a Type I, II, or III emissionsviolation by an emissions license holder must uphold any monetary penalty,license suspension, license revocation, or warning required by G.S. 20‑183.8Aor G.S. 20‑183.8B, respectively, if the decision contains a finding thatthe motorist or license holder committed the act for which the monetarypenalty, license suspension, license revocation, or warning was imposed. Adecision made after a hearing on any other action may uphold or modify theaction.
(g) Judicial Review. Article4 of Chapter 150B of the General Statutes governs judicial review of an administrativedecision made under this section. (1993 (Reg. Sess., 1994), c. 754, s. 1; 1997‑29,s. 10; 1999‑328, s. 3.14; 1999‑456, s. 69; 2009‑550, s. 3.1.)