§ 31-10-3 - Persons ineligible for licenses.
SECTION 31-10-3
§ 31-10-3 Persons ineligible for licenses.– (a) The division of motor vehicles shall not issue any license under thischapter:
(1) To any person, as an operator, who is under the age ofsixteen (16) years;
(2) To any person, as a chauffeur, who is under the age ofeighteen (18) years;
(3) To any person, as an operator or chauffeur, whose licensehas been suspended, during that suspension, nor to any person whose license hasbeen revoked, except as provided in § 31-11-10;
(4) To any person, as an operator or chauffeur, who is ahabitual drunkard or habitual user of drugs to such an extent that he or she isincapable of safely driving a motor vehicle;
(5) To any person, as an operator or chauffeur, who isrequired by this chapter to take an examination unless that person shall havesuccessfully passed that examination;
(6) To any person who is required under the laws of thisstate to deposit proof of financial responsibility and who has not depositedthat proof;
(7) To any person when the administrator of the division ofmotor vehicles has good cause based on clear and convincing evidence to believethat that person does not meet a standard of physical or mental fitness formotor vehicle licensure established pursuant to § 31-10-44(b) and that theperson's physical or mental condition prevents him or her from being able tooperate a motor vehicle with safety upon the highway;
(8) To any person when the administrator of the division ofmotor vehicles has good cause to believe that the operation of a motor vehicleon the highways by that person would pose an imminent safety risk to thegeneral public as determined by objectively ascertainable standards;
(9) To any person who is subject to an order issued pursuantto § 14-1-67.
(b) The division of motor vehicles shall notify in writingany person whose application for a license has been denied pursuant tosubsection (a) of this section. The notice shall contain the factual and legalbasis for the denial, the procedure for requesting a hearing, and the rightsafforded the individual pursuant to the provisions of § 31-11-7(d) –(f). When physical or mental fitness is the basis for the denial, the noticeshall reference the specific functional standard promulgated pursuant to §31-10-44(b), which was relied upon by the division of motor vehicles. Upon hisor her request the division of motor vehicles shall afford the licenseapplicant an opportunity for a hearing as early as practical and no later thantwenty (20) days after receipt of the request.
(c) The hearing procedures afforded the applicant shallconform to the provisions of § 31-11-7(d) – (f).