§291E-34  Notice of administrativerevocation; contents.  (a)  The notice of administrative revocation shallprovide, at a minimum and in clear language, the following general informationrelating to administrative revocation:

(1)  The statutory authority for administrativerevocation;

(2)  An explanation of the distinction betweenadministrative revocation and a suspension or revocation imposed under section291E-61 or 291E-61.5; and

(3)  That criminal charges filed pursuant to section291E-61 or 291E-61.5 may be prosecuted concurrently with the administrativeaction.

(b)  The notice, when completed by the lawenforcement officer and issued to the respondent, shall contain at a minimumthe following information relating to the incident that gives rise to theissuance of the notice of administrative revocation:

(1)  Information identifying the respondent;

(2)  The specific violation for which the respondentwas arrested;

(3)  The date issued and the date the administrativerevocation is scheduled to go into effect;

(4)  The expiration date of the temporary permit, andthe temporary motor vehicle registration and temporary number plates ifapplicable; and

(5)  That the issuance of the notice of administrativerevocation will be administratively reviewed.

(c)  The notice shall provide, at a minimum,the following  information relating to the administrative review:

(1)  That the review is automatic;

(2)  That the respondent, within three days of theissuance of the notice of administrative revocation in the case of an alcoholrelated offense and within seventeen days of the issuance of the notice ofadministrative revocation in the case of a drug related offense, may submitwritten information demonstrating why the respondent's license and privilege tooperate a vehicle, and motor vehicle registration if applicable, should not beadministratively revoked;

(3)  The address or location where the respondent maysubmit the information;

(4)  That the respondent is not entitled to be presentor represented at the administrative review; and

(5)  That the administrative review decision shall bemailed to the respondent:

(A)  No later than eight days after the date ofthe issuance of the notice of administrative revocation in the case of analcohol related offense; and

(B)  No later than twenty-two days after thedate of the issuance of the notice of administrative revocation in the case ofa drug related offense.

(d)  The notice shall state that, if therespondent's license and privilege to operate a vehicle, and motor vehicleregistration if applicable, are not administratively revoked after the review,the respondent's license, and if applicable, motor vehicle registration and anynumber plates taken into custody, shall be returned, unless a subsequentalcohol or drug enforcement contact has occurred, along with a certifiedstatement that the administrative revocation proceedings have been terminated.

(e)  The notice shall state that, if therespondent's license and privilege to operate a vehicle, and motor vehicle registrationif applicable, are administratively revoked after the review, a decision shallbe mailed to the respondent, or to the parent or guardian of the respondent ifthe respondent is under the age of eighteen, that shall contain, at a minimum,the following information:

(1)  The reasons why the respondent's license andprivilege to operate a vehicle, and motor vehicle registration if applicable,were administratively revoked;

(2)  That the respondent may request the director,within six days of the date the decision is mailed, to schedule anadministrative hearing to review the administrative revocation;

(3)  That, if the respondent's request for anadministrative hearing is received by the director within six days of the datethe decision was mailed, the hearing shall be scheduled to commence:

(A)  No later than twenty-five days after thedate of the issuance of the notice of administrative revocation in the case ofan alcohol related offense; and

(B)  No later than thirty-nine days after thedate of the issuance of the notice of administrative revocation in the case ofa drug related offense;

(4)  The procedure to request an administrativehearing;

(5)  That failure to request an administrative hearingwithin the time provided shall cause the administrative revocation to takeeffect for the period and under the conditions established by the director inthe decision;

(6)  That the respondent may regain the right to ahearing by requesting the director, within sixty days after the issuance of thenotice of administrative revocation, to schedule a hearing;

(7)  That the director shall schedule the hearing tocommence no later than thirty days after a request under paragraph (6) isreceived, but that, except as provided in section 291E‑38(k), thetemporary permit, and temporary motor vehicle registration and temporary numberplates if applicable, shall not be extended if the respondent fails to requestan administrative hearing within the initial six-day period provided for thatpurpose;

(8)  That failure to attend the hearing shall causethe administrative revocation to take effect for the period and under theconditions indicated;

(9)  The duration of the administrative revocation andother conditions that may be imposed, including: referral to the driver's educationprogram for an assessment of the respondent's substance abuse or dependence andthe need for treatment; and

(10)  That, pursuant to section 291E-48, the directormay grant a special motor vehicle registration to a qualified household memberor to a co-owner of any motor vehicle owned by the respondent, upon adetermination that the person is completely dependent on the motor vehicle forthe necessities of life; provided that the special motor vehicle registrationshall not be valid for use by the respondent.

(f)  The notice shall provide, at a minimum,the following information relating to administrative hearings:

(1)  That the respondent shall have six days from thedate the administrative review decision was mailed to request that anadministrative hearing be scheduled;

(2)  That a request for an administrative hearing andpayment of a $30 fee, unless waived pursuant to section 291E‑39, shallentitle the respondent to review and copy, prior to the hearing, all documentsthat were considered at the administrative review, including the arrest reportand the sworn statements;

(3)  That the respondent may be represented by anattorney, submit evidence, give testimony, and present and cross-examinewitnesses;

(4)  That, in cases where the respondent is under theage of eighteen, a parent or guardian must be present; and

(5)  That a written decision shall be mailed no laterthan five days after completion of the hearing.

(g)  The notice shall state that, if theadministrative revocation is reversed after the hearing, the respondent'slicense, and if applicable, motor vehicle registration and any number platestaken into custody, shall be returned, along with a certified statement thatthe administrative revocation proceedings have been terminated.

(h)  [Subsection effective until December31, 2010.  For subsection effective January 1, 2011, see below.]  Thenotice shall state that, if the administrative revocation is sustained at thehearing, a written decision shall be mailed to the respondent, or to the parentor guardian of the respondent if the respondent is under the age of eighteen,that shall contain, at a minimum, the following information:

(1)  The effective date of the administrativerevocation;

(2)  The duration of the administrative revocation;

(3)  If applicable, the date by which any outstandingmotor vehicle number plates issued to the respondent must be surrendered to thedirector;

(4)  If applicable, that failure to surrender anymotor vehicle number plates as required is a misdemeanor;

(5)  Other conditions that may be imposed by law; and

(6)  The right to obtain judicial review.

(h)  [Subsection effective January 1, 2011. For subsection effective until December 31, 2010, see above.]  The noticeshall state that, if the administrative revocation is sustained at the hearing,a written decision shall be mailed to the respondent, or to the parent orguardian of the respondent if the respondent is under the age of eighteen, thatshall contain, at a minimum, the following information:

(1)  The effective date of the administrativerevocation;

(2)  The duration of the administrative revocation;

(3)  Other conditions that may be imposed by law,including the use of an ignition interlock device; and

(4)  The right to obtain judicial review.

(i)  The notice shall state that failure of therespondent, or of the parent or guardian of the respondent if the respondent isunder the age of eighteen, to attend a scheduled hearing shall cause theadministrative revocation to take effect as provided in the administrativereview decision. [L 2000, c 189, pt of §23; am L 2001, c 157, §15; am L 2004, c90, §9; am L 2006, c 64, §4; am L 2008, c 171, §5; am L 2009, c 88, §13]

 

Case Notes

 

  As Honolulu police department form 396B explains theessential difference between the civil nature of the revocation proceeding andthe penal characteristics of the criminal proceeding, the various consequencesthat flow from each, and the interrelationship between the two with respect todriving privileges, the form satisfies the directive of subsection (a)(2) that"general information" about the "distinction" between thetwo be explained.  108 H. 78, 117 P.3d 109.

  Honolulu police department form 396B need not notify driversthat the police must establish reasonable suspicion to stop and probable causeto believe a driver is under the influence of an intoxicant in anadministrative license revocation hearing, in the absence of a statutorydirective to that effect.  108 H. 78, 117 P.3d 109.