§291E-44 - Conditional license permits.

§291E-44 Conditional license permits. [Sectionheading and subsection effective until December 31, 2010. For sectionheading and subsection effective January 1, 2011, see below.]

(a)(1) During the administrative hearing, the director,at the request of a respondent who is subject to administrative revocation fora period as provided in section 291E‑41(b)(1), may issue a conditionallicense permit that will allow the respondent, after a minimum period ofabsolute license revocation of thirty days, to drive for the remainder of therevocation period; provided that one or more of the following conditions aremet:

(A) The respondent is gainfully employed in aposition that requires driving and will be discharged if the respondent'sdriving privileges are administratively revoked; or

(B) The respondent has no access toalternative transportation and therefore must drive to work or to a substanceabuse treatment facility or counselor for treatment ordered by the directorunder section 291E-41; or

(2) Notwithstanding any other law to the contrary,the director shall not issue a conditional license permit to:

(A) A respondent whose license, during theconditional license permit period, is expired, suspended, or revoked as aresult of action other than the instant revocation for which the respondent isrequesting a conditional license permit under this section;

(B) A respondent who has refused breath,blood, or urine tests for purposes of determining alcohol concentration or drugcontent of the person's breath, blood, or urine, as applicable;

(D) A respondent who holds either a category 4license under section 286-102(b) or a commercial driver's license under section286-239(b) unless the conditional license permit is restricted to a category 1,2, or 3 license under section 286‑102(b).

(b) A request made pursuant to subsection[(a)(1)(A)] shall be accompanied by:

(1) A sworn statement from the respondent containingfacts establishing that the respondent currently is employed in a position thatrequires driving and that the respondent will be discharged if not allowed todrive; and

(2) A sworn statement from the respondent's employerestablishing that the employer will, in fact, discharge the respondent if therespondent is prohibited from driving.

(c) A request made pursuant to subsection[(a)(1)(B)] shall be accompanied by a sworn statement by the respondentattesting to the specific facts upon which the request is based, whichstatement shall be verified by the director.

(d) A conditional license permit may includerestrictions allowing the respondent to drive:

(1) Only during hours of employment for activitiessolely within the scope of the employment;

(2) Only during daylight hours; or

(3) Only for specified purposes or to specifieddestinations.

In addition, the director may impose any otherappropriate restrictions.

(e) The duration of the conditional licensepermit shall be determined on the basis of the criteria set forth in subsections(b) and (c).

(f) If the respondent violates the conditionsimposed under this section, the conditional license permit shall be rescinded,and administrative revocation shall be immediate for the appropriate periodauthorized by law. [L 2000, c 189, pt of §23; am L 2001, c 157, §23; am L 2002,c 113, §8; am L 2003, c 3, §10; am L 2004, c 103, §13; am L 2006, c 130, §10and c 201, §6; am L 2008, c 171, §7]

§291E-44 Conditional license andignition interlock permits. [Section heading and subsection effective January1, 2011 superseded by repeal of section on January 1, 2011. L 2009, c 88, §§11,17(2). For section heading and subsection effective until December 31, 2010,see above.]

(a)(1) During the administrative hearing, the director,at the request of a respondent who is subject to administrative revocation fora period as provided in section 291E-41(b)(1), may issue either a conditionallicense permit pursuant to this section or an ignition interlock permitpursuant to section 291E-44.5. If the director issues a conditional licensepermit pursuant to this section, the permit shall allow the respondent, after aminimum period of absolute license revocation of thirty days, to drive for theremainder of the revocation period; provided that one or more of the followingconditions are met:

(A) The respondent is gainfully employed in aposition that requires driving and will be discharged if the respondent'sdriving privileges are administratively revoked; or

(B) The respondent has no access to alternativetransportation and therefore must drive to work or to a substance abusetreatment facility or counselor for treatment ordered by the director undersection 291E-41; or