|
(1) Upon receipt of a request for a hearing, the
department shall schedule a telephone hearing to be
held within sixty days following arrest, or sixty
days following the date notice of the department's
intention to suspend, revoke, or deny the
petitioner's license, permit, or privilege to drive
is given in the event notice is given by the
department following a blood test.
(2) The petitioner or petitioner's legal
representative may state a preferred range of
hearing dates or unavailable dates. To the extent
that such requests can be accommodated within the
applicable time limits and hearing officer
availability, the department will attempt to do so.
(3) The department shall provide ten days
written notice to the petitioner or petitioner's
legal representative of the scheduled date and time
of the hearing.
(4) The department's scheduling notice will
include the assigned hearing office(r)'s name,
address, and phone number; a statement of the
issues; the procedure for requesting subpoena(s);
the policy on continuances; and other information
concerning the administrative hearing. The
department's notice will also include a telephone
number and a TDD number that any party or witness
may call to request special accommodations.
(5) The petitioner or petitioner's legal
representative may request that all or part of the
hearing be conducted "in person." Such request
should be directed to the assigned hearing office(r)
immediately upon receipt of the scheduling notice.
The hearing office(r) will have the sole discretion
to grant or deny this request, and may require a
waiver of the sixty-day hearing requirement as a
condition to granting the request. Considerations
will include whether the hearing officer can be
available in the petitioner's county of arrest on
the scheduled date of the hearing, the number and
location of witnesses, and the basis of this
request.
(6) Each party shall ensure that his or her
address and telephone number on file is correct and
shall immediately notify the department and/or
hearing officer of any change of address or
telephone number that occurs during the course of
the proceeding.
(7) The administrative hearing may be
reassigned to a different hearing officer without
notice to the parties because of scheduling
conflicts, illness, injuries, unavailability, or
emergencies.
|
