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