28-5232

28-5232. Danger to public safety; suspension
of registration or license; civil penalty; hearing;
reinstatement

A. If after reviewing a report submitted by a law enforcement agency authorized to
enforce this chapter the director determines that probable cause exists to believe that
the continued operation by a manufacturer, shipper or motor carrier or the continued
operation of a motor vehicle by a driver constitutes a danger to the public safety, the
director shall issue both:

1. An order immediately imposing either of the following:

(a) Suspension of the registration of the motor vehicle owned or leased by the
manufacturer, shipper or motor carrier.

(b) Suspension of the driver license or nonresident operating privilege of a
driver.

2. An order to require the manufacturer, shipper, motor carrier or driver to show
cause why the director should not impose a civil penalty and to show cause why the
director should not continue the registration or license suspension.

B. The manufacturer, shipper, motor carrier or driver shall respond to the order to
show cause at a hearing held not more than sixty days after service of written
notice. The director shall send the notice by certified mail to the address provided to
the department in the law enforcement agency's report alleging the safety danger or to
the address provided in the application for vehicle registration or in the notification
provided by an interstate carrier.

C. The scope of the hearing is limited to the following:

1. A determination that the respondent was operating on the public highway and that
the operation constituted a danger to the public safety.

2. That the respondent ordered to appear at the hearing is responsible for the
danger and is responsible under this title or a rule adopted under this title to prevent
the danger or to remedy the danger.

D. After consideration of the evidence presented at the hearing, the director shall
serve written notice of the director's finding and order within five days after the
hearing. If the director enters a finding of responsibility, the director shall continue
the suspension of the vehicle registration of the vehicles owned or leased by the
manufacturer, shipper or motor carrier or shall continue the suspension of the driver
license or nonresident operating privilege of the driver. A rehearing or a request for a
rehearing on the matter does not stay the suspension of the vehicle registration or
driver license or nonresident operating privilege.

E. If the director enters a finding of responsibility, the director shall impose a
civil penalty as prescribed in section 28-5238.

F. The director shall not reinstate the registration of the motor vehicle owned or
leased by the manufacturer, shipper or motor carrier or the driver license or nonresident
operating privilege of the driver until all of the following are met:

1. The department of public safety or the law enforcement agency originally
submitting the report provides in writing to the director that, if applicable, the cause
for the finding of responsibility has been remedied.

2. All fees prescribed by statute to reinstate the vehicle registration or driving
privileges are paid.

3. A civil penalty that has been imposed is paid.

G. If the manufacturer, shipper, motor carrier or driver fails to appear for a
hearing, in addition to any other remedies provided by law, the director shall continue
the suspension of the registration of the motor vehicle owned or leased by the
manufacturer, shipper or motor carrier or the driver license or the nonresident operating
privilege of the driver. The director shall not remove the suspension until the
manufacturer, shipper, motor carrier or driver appears for the hearing and all of the
conditions prescribed in subsection F of this section are met.