§291E-34 - Notice of administrative revocation; contents.

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

(1) The statutory authority for administrative
revocation;

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

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

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

(1) Information identifying the respondent;

(2) The specific violation for which the respondent
was arrested;

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

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

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

(1) That the review is automatic;

(2) That the respondent, within three days of the
issuance of the notice of administrative revocation in the case of an alcohol
related offense and within seventeen days of the issuance of the notice of
administrative revocation in the case of a drug related offense, may submit
written information demonstrating why the respondent's license and privilege to
operate a vehicle, and motor vehicle registration if applicable, should not be
administratively revoked;

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

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

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

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

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

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

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

(1) The reasons why the respondent's license and
privilege 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 an
administrative hearing to review the administrative revocation;

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

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

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

(4) The procedure to request an administrative
hearing;

(5) That failure to request an administrative hearing
within the time provided shall cause the administrative revocation to take
effect for the period and under the conditions established by the director in
the decision;

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

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

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

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

(10) That, pursuant to section 291E-48, the director
may grant a special motor vehicle registration to a qualified household member
or to a co-owner of any motor vehicle owned by the respondent, upon a
determination that the person is completely dependent on the motor vehicle for
the necessities of life; provided that the special motor vehicle registration
shall 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 the
date the administrative review decision was mailed to request that an
administrative hearing be scheduled;

(2) That a request for an administrative hearing and
payment of a $30 fee, unless waived pursuant to section 291E‑39, shall
entitle the respondent to review and copy, prior to the hearing, all documents
that were considered at the administrative review, including the arrest report
and the sworn statements;

(3) That the respondent may be represented by an
attorney, submit evidence, give testimony, and present and cross-examine
witnesses;

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

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

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

(h) [Subsection effective until December
31, 2010. For subsection effective January 1, 2011, see below.] The
notice shall state that, if the administrative revocation is sustained at the
hearing, a written decision shall be mailed to the respondent, or to the parent
or 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 administrative
revocation;

(2) The duration of the administrative revocation;

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

(4) If applicable, that failure to surrender any
motor 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 notice
shall state that, if the administrative revocation is sustained at the hearing,
a written decision shall be mailed to the respondent, or to the parent or
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 administrative
revocation;

(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 the
respondent, or of the parent or guardian of the respondent if the respondent is
under the age of eighteen, to attend a scheduled hearing shall cause the
administrative revocation to take effect as provided in the administrative
review decision. [L 2000, c 189, pt of §23; am L 2001, c 157, §15; am L 2004, c
90, §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 the
essential difference between the civil nature of the revocation proceeding and
the penal characteristics of the criminal proceeding, the various consequences
that flow from each, and the interrelationship between the two with respect to
driving privileges, the form satisfies the directive of subsection (a)(2) that
"general information" about the "distinction" between the
two be explained. 108 H. 78, 117 P.3d 109.

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