PART III.ย 
ADMINISTRATIVE REVOCATION PROCESS



 



Case Notes



 



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



 



ยง291E-31ย  Notice of administrative
revocation; effect.ย  As used in this part, the notice of administrative
revocation:



(1)ย  Establishes that the respondent's license and
privilege to operate a vehicle in the State or on or in the waters of the State
shall be terminated:



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



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



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



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



(2)ย  Establishes that the registration of any motor vehicle
registered to a respondent who is a repeat intoxicated driver or a highly
intoxicated driver shall be terminated thirty days after the date of an arrest
pursuant to section 291E‑33(c);



(3)ย  Establishes the date on which administrative
revocation proceedings against the respondent were initiated; and



(4)ย  Serves as a temporary permit, if applicable, to
operate a vehicle as provided in section 291E‑33. [L 2000, c 189, pt of
ยง23; am L 2001, c 157, ยง13; am L 2006, c 201, ยง2]



 



Case Notes



 



ย  The administrative director of the courts (director) may not,
in an administrative hearing filed pursuant to ยง291E-38, consider an offense
occurring after the notice of administrative revocation has been issued under
this section, as a basis for increasing an administrative revocation period
already determined on administrative review by the director under ยงยง291E-37 and
291E-41.ย  108 H. 350, 120 P.3d 249.