§ 31-10.3-15 Persons not eligible forlicensing. – (a) The department shall not issue any license pursuant to this chapter:
(1) To any person, as a commercial driver, who is under theage of twenty-one (21) years; except for intrastate operations, the applicantmust be at least eighteen (18) years of age. This exception shall not apply toschool bus drivers and drivers of placarded vehicles.
(2) To any person whose license or privilege has beensuspended, canceled, revoked or otherwise withdrawn during suspension,cancellation, revocation, or withdrawal and not until the person has compliedwith all requirements for reinstatement.
(3) To any person who is a habitual drunkard, or is addictedto controlled substances.
(4) To any person who is required by this chapter to take anexamination, unless the person shall have successfully passed the examination.
(5) To any person when the administrator has good cause basedon clear and convincing evidence to believe that the person does not meet astandard of physical or mental fitness for motor vehicle licensure establishedpursuant to § 31-10-44(b), and that the person's physical or mentalcondition prevents him or her from being able to operate a motor vehicle withsafety upon the highways. However, an insulin dependent person shall notautomatically be denied a license. Each case shall be decided individually;certification by a physician that the person is being regularly monitored, thatthe person's condition is stable and under control, and that the person isotherwise medically qualified to safely operate a motor vehicle shall beconclusive and a license strictly limited to intrastate use shall be issued.The license must clearly state on its face that the license is restricted tointrastate use only; provided, however, nothing contained in this section shallprohibit the issuance of an interstate license as long as all federalregulations are met.
(6) To any person who is required under the laws of thisstate to file or deposit proof of financial responsibility and who has notdeposited that proof.
(7) To any person when, after a hearing, the administratorhas good cause to conclude that the operation of a motor vehicle on thehighways by the person is likely to pose an imminent safety risk to the generalpublic by reason of the person's past conduct in motor vehicle operation duringthe preceding two (2) year period. The hearing shall focus exclusively uponwhether a declination to issue a license is necessary in order to protectpublic safety, relying upon findings of the circumstances under which each pastmotor vehicle offense was committed, the likelihood of recurrence, and thedeterrent effect that might reasonably be expected from the declination.
(b) The department shall notify in writing any person whoseapplication for a license has been denied pursuant to subsection (a) of thissection. The notice shall contain the factual and legal basis for the denial,the procedure for requesting a hearing, and the rights afforded the individualpursuant to § 31-11-7(d) – (f). When physical or mental fitness isthe basis for the denial, the notice shall refer to the specific functionalstandard promulgated pursuant to § 31-10-44(b), which was relied upon bythe department. Upon his or her request the department shall afford the licenseapplicant an opportunity for a hearing as early as practical and no later thantwenty (20) days after receipt of the request.
(c) The hearing procedures afforded the applicant shallconform to the provisions of § 31-11-7(d) – (f).
§ 31-10.3-15 Persons not eligible forlicensing. – (a) The department shall not issue any license pursuant to this chapter:
(1) To any person, as a commercial driver, who is under theage of twenty-one (21) years; except for intrastate operations, the applicantmust be at least eighteen (18) years of age. This exception shall not apply toschool bus drivers and drivers of placarded vehicles.
(2) To any person whose license or privilege has beensuspended, canceled, revoked or otherwise withdrawn during suspension,cancellation, revocation, or withdrawal and not until the person has compliedwith all requirements for reinstatement.
(3) To any person who is a habitual drunkard, or is addictedto controlled substances.
(4) To any person who is required by this chapter to take anexamination, unless the person shall have successfully passed the examination.
(5) To any person when the administrator has good cause basedon clear and convincing evidence to believe that the person does not meet astandard of physical or mental fitness for motor vehicle licensure establishedpursuant to § 31-10-44(b), and that the person's physical or mentalcondition prevents him or her from being able to operate a motor vehicle withsafety upon the highways. However, an insulin dependent person shall notautomatically be denied a license. Each case shall be decided individually;certification by a physician that the person is being regularly monitored, thatthe person's condition is stable and under control, and that the person isotherwise medically qualified to safely operate a motor vehicle shall beconclusive and a license strictly limited to intrastate use shall be issued.The license must clearly state on its face that the license is restricted tointrastate use only; provided, however, nothing contained in this section shallprohibit the issuance of an interstate license as long as all federalregulations are met.
(6) To any person who is required under the laws of thisstate to file or deposit proof of financial responsibility and who has notdeposited that proof.
(7) To any person when, after a hearing, the administratorhas good cause to conclude that the operation of a motor vehicle on thehighways by the person is likely to pose an imminent safety risk to the generalpublic by reason of the person's past conduct in motor vehicle operation duringthe preceding two (2) year period. The hearing shall focus exclusively uponwhether a declination to issue a license is necessary in order to protectpublic safety, relying upon findings of the circumstances under which each pastmotor vehicle offense was committed, the likelihood of recurrence, and thedeterrent effect that might reasonably be expected from the declination.
(b) The department shall notify in writing any person whoseapplication for a license has been denied pursuant to subsection (a) of thissection. The notice shall contain the factual and legal basis for the denial,the procedure for requesting a hearing, and the rights afforded the individualpursuant to § 31-11-7(d) – (f). When physical or mental fitness isthe basis for the denial, the notice shall refer to the specific functionalstandard promulgated pursuant to § 31-10-44(b), which was relied upon bythe department. Upon his or her request the department shall afford the licenseapplicant an opportunity for a hearing as early as practical and no later thantwenty (20) days after receipt of the request.
(c) The hearing procedures afforded the applicant shallconform to the provisions of § 31-11-7(d) – (f).
§ 31-10.3-15 Persons not eligible forlicensing. – (a) The department shall not issue any license pursuant to this chapter:
(1) To any person, as a commercial driver, who is under theage of twenty-one (21) years; except for intrastate operations, the applicantmust be at least eighteen (18) years of age. This exception shall not apply toschool bus drivers and drivers of placarded vehicles.
(2) To any person whose license or privilege has beensuspended, canceled, revoked or otherwise withdrawn during suspension,cancellation, revocation, or withdrawal and not until the person has compliedwith all requirements for reinstatement.
(3) To any person who is a habitual drunkard, or is addictedto controlled substances.
(4) To any person who is required by this chapter to take anexamination, unless the person shall have successfully passed the examination.
(5) To any person when the administrator has good cause basedon clear and convincing evidence to believe that the person does not meet astandard of physical or mental fitness for motor vehicle licensure establishedpursuant to § 31-10-44(b), and that the person's physical or mentalcondition prevents him or her from being able to operate a motor vehicle withsafety upon the highways. However, an insulin dependent person shall notautomatically be denied a license. Each case shall be decided individually;certification by a physician that the person is being regularly monitored, thatthe person's condition is stable and under control, and that the person isotherwise medically qualified to safely operate a motor vehicle shall beconclusive and a license strictly limited to intrastate use shall be issued.The license must clearly state on its face that the license is restricted tointrastate use only; provided, however, nothing contained in this section shallprohibit the issuance of an interstate license as long as all federalregulations are met.
(6) To any person who is required under the laws of thisstate to file or deposit proof of financial responsibility and who has notdeposited that proof.
(7) To any person when, after a hearing, the administratorhas good cause to conclude that the operation of a motor vehicle on thehighways by the person is likely to pose an imminent safety risk to the generalpublic by reason of the person's past conduct in motor vehicle operation duringthe preceding two (2) year period. The hearing shall focus exclusively uponwhether a declination to issue a license is necessary in order to protectpublic safety, relying upon findings of the circumstances under which each pastmotor vehicle offense was committed, the likelihood of recurrence, and thedeterrent effect that might reasonably be expected from the declination.
(b) The department shall notify in writing any person whoseapplication for a license has been denied pursuant to subsection (a) of thissection. The notice shall contain the factual and legal basis for the denial,the procedure for requesting a hearing, and the rights afforded the individualpursuant to § 31-11-7(d) – (f). When physical or mental fitness isthe basis for the denial, the notice shall refer to the specific functionalstandard promulgated pursuant to § 31-10-44(b), which was relied upon bythe department. Upon his or her request the department shall afford the licenseapplicant an opportunity for a hearing as early as practical and no later thantwenty (20) days after receipt of the request.
(c) The hearing procedures afforded the applicant shallconform to the provisions of § 31-11-7(d) – (f).
