§291E-44 - Conditional license permits.

§291E-44 Conditional license permits. [Section
heading and subsection effective until December 31, 2010. For section
heading 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 for
a period as provided in section 291E‑41(b)(1), may issue a conditional
license permit that will allow the respondent, after a minimum period of
absolute license revocation of thirty days, to drive for the remainder of the
revocation period; provided that one or more of the following conditions are
met:

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

(B) The respondent has no access to
alternative transportation and therefore must drive to work or to a substance
abuse treatment facility or counselor for treatment ordered by the director
under 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 the
conditional license permit period, is expired, suspended, or revoked as a
result of action other than the instant revocation for which the respondent is
requesting 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 drug
content of the person's breath, blood, or urine, as applicable;

(D) A respondent who holds either a category 4
license under section 286-102(b) or a commercial driver's license under section
286-239(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 containing
facts establishing that the respondent currently is employed in a position that
requires driving and that the respondent will be discharged if not allowed to
drive; and

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

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

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

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

(2) Only during daylight hours; or

(3) Only for specified purposes or to specified
destinations.

In addition, the director may impose any other
appropriate restrictions.

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

(f) If the respondent violates the conditions
imposed under this section, the conditional license permit shall be rescinded,
and administrative revocation shall be immediate for the appropriate period
authorized 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, §10
and c 201, §6; am L 2008, c 171, §7]

§291E-44 Conditional license and
ignition interlock permits. [Section heading and subsection effective January
1, 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 for
a period as provided in section 291E-41(b)(1), may issue either a conditional
license permit pursuant to this section or an ignition interlock permit
pursuant to section 291E-44.5. If the director issues a conditional license
permit pursuant to this section, the permit shall allow the respondent, after a
minimum period of absolute license revocation of thirty days, to drive for the
remainder of the revocation period; provided that one or more of the following
conditions are met:

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

(B) The respondent has no access to alternative
transportation and therefore must drive to work or to a substance abuse
treatment facility or counselor for treatment ordered by the director under
section 291E-41; or