§ 31-11-7 - Authority of division of motor vehicles to suspend license.
SECTION 31-11-7
§ 31-11-7 Authority of division of motorvehicles to suspend license. – (a) The division of motor vehicles is authorized to suspend the license of anoperator or chauffeur without preliminary hearing upon a showing by its recordsor other sufficient evidence that the licensee:
(i) Has been adjudicated by a court of competent jurisdictionto have:
(A) Committed an offense for which mandatory revocation orsuspension of license is required upon conviction or adjudication;
(B) Committed with such frequency of offenses against trafficregulations governing the movement of vehicles as to indicate a disrespect fortraffic laws and a disregard for the safety of other persons on the highways;
(C) Been a reckless or negligent driver of a motor vehicle;
(D) Permitted an unlawful or fraudulent use of a license;
(E) Committed an offense in another state which, if committedin this state, would be grounds for suspension or revocation;
(F) Committed any offense enumerated in § 31-9-1;
(ii) Is the subject of an order issued pursuant to §14-1-67; or
(iii) Poses an imminent safety risk to the general public asdetermined by the application of objectively ascertainable standards.
(2) Except for paragraph (1)(ii) of this subsection, thesuspension shall be for any length of time, not exceeding one year, that thedivision of motor vehicles shall determine is necessary in order to protectpublic safety based upon its findings of the circumstances under which theoffense was committed, the likelihood of recurrence, and the deterrent effectthat might reasonably be expected to result from the hardship a suspension orprospective suspension would entail. Any license suspended pursuant toparagraph (1)(ii) of this subsection shall be for the length of time set forthin the court order.
(b) Upon suspending the license of any person as authorizedby subsection (a) of this section, the division of motor vehicles shallimmediately notify the licensee in writing of the factual and legal basis forthe suspension, the procedure for requesting a hearing, and the rights affordedthe individual pursuant to subsections (d) – (f) of this section. Whenphysical or mental fitness is the basis for the suspension determination, thenotice shall reference the specific functional standard promulgated pursuant to§ 31-10-44(b), which was relied upon by the division of motor vehicles.Upon his or her request the division of motor vehicles shall afford thelicensee an opportunity for a hearing as early as practical and no later thantwenty (20) days after receipt of the request.
(c) Except as authorized in subsection (a) of this section,whenever the division of motor vehicles proposes to suspend the license of anyperson, the division of motor vehicles shall afford a hearing to the licenseeprior to suspending the person's license. When a licensee requests a hearing,no action to suspend his or her license shall be taken until a hearing decisionhas been rendered in accordance with subsections (d) – (f) of thissection. The division of motor vehicles shall notify the licensee in writing ofthe factual and legal basis for the proposed suspension, the procedure forrequesting a hearing, and the rights afforded the individual pursuant tosubsections (d) – (f) of this section. When physical or mental fitness isthe basis for the suspension recommendation, the notice shall reference thespecific functional standard promulgated pursuant to § 31-10-44(b), whichwas relied upon by the division of motor vehicles.
(d) The division of motor vehicles shall ensure that thehearing procedures afforded pursuant to subsection (b) and (c) of this sectionprovide for: (1) an in person hearing before an impartial decision-maker; (2)the opportunity to compel the production of documents and witnesses, includingmembers of the division of motor vehicles 's Medical Advisory Board; (3) theopportunity to confront and cross-examine witnesses; (4) access to all of theevidence upon which the division of motor vehicles relied in making itsdetermination to suspend; and (5) the right to present any and all relevantevidence including the right to obtain and present the results of a recentlyadministered road test. During any hearing, the division of motor vehiclesshall bear the burden of proof as to the existence of the grounds for thesuspension. The division of motor vehicles shall further ensure that during ahearing to determine the physical or mental fitness of a licensee, proof of thelack of physical or mental fitness shall be by clear and convincing evidence.The presumption of inability to operate a motor vehicle with safety establishedby the functional standards promulgated pursuant to § 31-10-44(b), shallbe rebuttable by evidence that notwithstanding an individual's functionallimitation, he or she is able to safely operate a motor vehicle.
(e) For the purpose of the hearing procedures described insubsection (d) of this section, the administrator of the division of motorvehicles or his or her duly authorized agent may administer oaths and may issuesubpoenas for the attendance of witnesses and the production of relevant booksand papers, and may require a reexamination of the licensee.
(f) After the hearing conducted pursuant to subsection (d) ofthis section, the division of motor vehicles shall issue a written decisionbased solely on the evidence adduced at the hearing and containing the legaland factual basis for the determination. The division of motor vehicles mayeither rescind its order of suspension, determine suspension is not warranted;may continue, modify, or extend the suspension of the license; or may revokethe license.