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Upon receiving a request for a formal hearing as
provided in
RCW 46.20.328, the
department shall fix a time and place for hearing as
early as may be arranged in the county where the
applicant or licensee resides, and shall give ten
days' notice of the hearing to the applicant or
licensee, except that the hearing may be set for a
different place with the concurrence of the
applicant or licensee and the period of notice may
be waived.
Any decision by the department suspending or
revoking a person's driving privilege shall be
stayed and shall not take effect while a formal
hearing is pending as herein provided or during the
pendency of a subsequent appeal to superior court:
PROVIDED, That this stay shall be effective only so
long as there is no conviction of a moving violation
or a finding that the person has committed a traffic
infraction which is a moving violation during
pendency of hearing and appeal: PROVIDED FURTHER,
That nothing in this section shall be construed as
prohibiting the department from seeking an order
setting aside the stay during the pendency of such
appeal in those cases where the action of the
department is based upon physical or mental
incapacity, or a failure to successfully complete an
examination required by this chapter.
A formal hearing shall be conducted by the
director or by a person or persons appointed by the
director from among the employees of the department. |
