PART III. ADMINISTRATIVE REVOCATION PROCESS

 

Case Notes

 

  Due process rights not violated by administrative driver'slicense revocation hearing procedure where defendant was afforded a hearingwhere witnesses were called and defendant was represented by counsel, andhearing office advised counsel of the procedure that hearing officer was goingto follow.  108 H. 31, 116 P.3d 673.

 

§291E-31  Notice of administrativerevocation; effect.  As used in this part, the notice of administrativerevocation:

(1)  Establishes that the respondent's license andprivilege to operate a vehicle in the State or on or in the waters of the Stateshall be terminated:

(A)  Thirty days after the date the notice ofadministrative revocation is issued in the case of an alcohol related offense;

(B)  Forty-four days after the date the noticeof administrative revocation is issued in the case of a drug related offense;or

(C)  Such later date as is established by thedirector under section 291E-38,

if the director administratively revokes therespondent's license and privilege;

(2)  Establishes that the registration of any motor vehicleregistered to a respondent who is a repeat intoxicated driver or a highlyintoxicated driver shall be terminated thirty days after the date of an arrestpursuant to section 291E‑33(c);

(3)  Establishes the date on which administrativerevocation proceedings against the respondent were initiated; and

(4)  Serves as a temporary permit, if applicable, tooperate a vehicle as provided in section 291E‑33. [L 2000, c 189, pt of§23; am L 2001, c 157, §13; am L 2006, c 201, §2]

 

Case Notes

 

  The administrative director of the courts (director) may not,in an administrative hearing filed pursuant to §291E-38, consider an offenseoccurring after the notice of administrative revocation has been issued underthis section, as a basis for increasing an administrative revocation periodalready determined on administrative review by the director under §§291E-37 and291E-41.  108 H. 350, 120 P.3d 249.