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Administrative Hearings


The requests for a pre-suspension Administrative Hearing for a Security Suspension and/or a Noncompliance Suspension must be made separately.

 

Security Suspension Administrative Hearing

The purpose is to demonstrate there is no reasonable possibility of a judgment being rendered in a court of law.

 

The written request for a hearing must be received by the Bureau of Motor Vehicles (BMV) within 30 days of the mailing date of the Notice of Suspension.  Such a request will delay the suspension action only for property damage and/or personal injuries pending the outcome of the hearing.  It will not delay any other suspensions arising out of the accident.  If the hearing action is "affirmed" and the suspension opened, the subject may file a written objection with the BMV within 10 days of the mailing date of the hearing Report and Recommendation. 

 

Noncompliance Administrative Hearing

The purpose of this hearing is limited strictly to whether Proof of Financial Responsibility was in effect at the time of the traffic citation or accident. 

 

The written request for a hearing and a $30.00 hearing fee must be received by the BMV within 10 days of the mailing date of the Notice of Suspension. The request for a hearing DOES NOT stop the suspension.  The hearing examiner CANNOT grant limited driving privileges during the term of the suspension.

 

Random Selection Administrative Hearing

The purpose of this hearing is limited to whether Proof of Financial Responsibility was in effect at the time of the random selection, whether the vehicle was a seasonal vehicle or whether the vehicle was inoperable for a minimum thirty day period prior to the date of random selection.

 

The request for an administrative hearing for Random Selection may be made at any time after the Notice of Suspension has been received, up to the ending date of the ninety (90) day suspension. The written request for a hearing, a copy of the Notice of Suspension and the $30.00 hearing fee must be received by the BMV in order to schedule the hearing. The request for a hearing DOES NOT stop the suspension. The hearing examiner CANNOT grant limited driving privileges during the term of the suspension.

 

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