(a) Upon determining that one or more grounds for suspension or revocation of a license or identification card exist, the Director must serve a written notice on the licensee or driver, as appropriate, in person or by U.S. mail, first class, postage prepaid, addressed to the licensee’s or driver’s last known address as maintained in the licensee’s or driver’s file.
(b) Service on the licensee or driver by mail is effective 7 calendar days after mailing under this Section.
(c) The written notice must:
(1) notify the recipient that the Director has suspended or revoked the license or the identification card or found that the license or identification card may be subject to suspension or revocation;
(2) specify the grounds for the Director’s finding of an immediate suspension or revocation or proposed suspension or revocation; and
(3) set a date for a hearing to determine if the Director’s action or suggested action is appropriate.
(d) The Director must set a hearing date as required by Chapter 2A unless the licensee or driver and the Director agree to an earlier date, in which case other filing deadlines may be shortened to expedite a hearing without prejudicing either the appellant or the Defendant.
(e) The hearing may be conducted by the Director or a hearing officer. At the hearing, the licensee or driver may present evidence and witnesses to refute the grounds cited by the Director to suspend or revoke the license or identification card, and the Department and any other person may submit relevant evidence. The administrative record compiled by the Department under this Chapter must be made part of the hearing record. After the close of the hearing, the person who conducted the hearing must render a decision in writing, giving the reasons for the decision. The action taken by the Director is the Department’s final administrative action and is subject to judicial review.
(f) Any person who requests a copy of the hearing transcript must pay the cost of preparing it.
(g) A licensee or driver who does not appear at the hearing waives the right to a hearing and consents to the action that the Director proposed in the notice or has already taken. The Director may then suspend or revoke the license or identification card as proposed in the notice.
(h) A licensee or driver may surrender his license or identification card in lieu of a hearing. A licensee or driver who surrenders his license or identification card waives his right to a hearing and consents to the action or proposed action of the Director to suspend or revoke.
(i) A licensee or driver who does not appear at the hearing must pay the costs of the hearing unless that person notifies the Director that he or she will not appear at least five days before the scheduled hearing. Fees and costs for hearings may be established by regulation.
(j) A suspension or revocation takes effect on the earlier of the day that the Director’s or hearing officer’s written decision is delivered in person or three days after it is placed in the U.S. mail, first class, postage prepaid, addressed to the last known address of the licensee or driver. To facilitate enforcement of this provision, the Director may require the licensee or driver to appear at the Director’s office at a specific time to receive a copy of the decision and surrender the license or identification card. The licensee or driver must comply with the Director’s order. (2004 L.M.C., ch. 27, § 1; 2015 L.M.C., ch. 39, § 1.)