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(1) In the event a petitioner elects to seek a
deferred prosecution and is eligible for a stay of
the administrative suspension, the petitioner shall
notify the assigned hearing officer and file a
notice of intent to seek deferred prosecution. Upon
doing so, the hearing officer will make a
determination whether any hearing scheduled in the
matter should be canceled and the petitioner's
temporary license, if eligible, should be extended
as provided by
WAC 308-103-170.
If, for any reason, the petitioner does not obtain
an order of deferred prosecution from the court, the
department will set a new hearing date only if the
petitioner requests a hearing by contacting the
original hearing officer no later than one hundred
thirty days from the date of the arrest, and prior
to the expiration of the temporary license. In the
absence of such a timely request, the petitioner
waives his or her right to a hearing and the
department will issue the previously stayed order of
suspension or revocation.
(2) If the petitioner elects to withdraw his or
her request for a hearing, he or she shall notify
the department in writing of his or her intent to do
so. Upon receiving such a request for a withdrawal,
the department shall proceed with the administrative
action against the petitioner's driving license. |
