Ala. Admin. Code r. 760-X-1-.08 - Safety Responsibility Act Administrative Hearing

Current through Register Vol. 40, No. 6, March 31, 2022

(1) In all administrative hearings conducted pursuant to a request under Code of Ala. 1975, §3273, the Hearing Officer designated by the Director, shall, in addition to all other matters required by law to be determined, ascertain whether or not there is a reasonable possibility of a judgment or judgments being rendered against the licensee.
(a) Nature of Hearing
1. The hearing will be exparte, strictly administrative in nature, and as such will be informal.
(b) Pre-Suspension Hearing
1. Upon receipt of the notice of Order of Suspension, the licensee may request a presuspension administrative hearing in the county of his residence before a Hearing Officer designated by the Director.
2. A request for a presuspension hearing must be made in writing to the Director within fifteen (15) days of the date of issuance of the notice of Order of Suspension.
3. If a request is made within fifteen (15) days, the Order of Suspension shall be deferred until the result of the hearing is final. The Hearing Officer will forward the results of the hearing to the Director of the Department of Public Safety for review. The Director will either confirm, modify, or set aside the Order of Suspension and notify the licensee his decision in writing.
(c) Post-Suspension Hearing
1. Any request for a hearing made after the fifteen (15) day period above mentioned, will not defer the Order of Suspension.
2. When hearing, which was not requested within the fifteen (15) day period above mentioned, is held subsequent to the effective date of the Order of Suspension, the Hearing Officer shall prior to holding any hearing demand the surrender of the suspended license and/or registration certificates and license plates and shall hold the same during the hearing, unless these are already surrendered. However, if at the hearing, it is determined by the Hearing Officer that the suspendee either does not come under the provisions of the Act or comes under an exception to the Act, the Hearing Officer shall return the license and/or registration certificates and license plates to the suspendee to be retained by him until final determination is made by the Director of Public Safety.
3. After the completion of the hearing, the Hearing Officer shall forward to the Director of Public Safety the results of the hearing and any license and/or registration certificates and license plates surrendered to the Hearing Officer and retained by him. After review of the results of the hearing, together with any other relevant records and information available to him, the Director of Public Safety shall confirm, modify or set aside the suspension and shall notify the licensee of his decision.

Author:

Notes

Ala. Admin. Code r. 760-X-1-.08
Filed April 23, 1982.

Statutory Authority: Code of Ala. 1975, §§ 32-2-9, 3273.

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