Section 18-1004. HEARINGS AND OTHER ADMINISTRATIVE REVIEW

 

1004.1A person has a right to a hearing whenever he or she has been aggrieved or adversely affected by any act or refusal to act, or the issuance of any order or decision by the Department which is subject to review by any applicable statute, or which constitutes a “contested case” as this term is defined in the Administrative Procedure Act.

 

1004.2The right to a hearing shall not extend to:

 

(a)Any act or decision that is based solely upon on the results of any test, examination or inspection given or made by the Department;

 

(b)The suspension or revocation of a driver’s license based upon point totals;

 

(c)The suspension of a reciprocity sticker registration certificate;

 

(d)The assessment of a fine for failure to maintain required motor vehicle insurance; or

 

(e)Any other instance where the decision to hold a hearing is left to the discretion of the Director or hearing examiner.

 

1004.3Hearings may be afforded persons not otherwise qualified under the provisions of § 1004.2 in the discretion of the Director, or as specifically provided in this chapter.

 

1004.4Any person entitled to a hearing may demand the hearing by written demand which shall comply with the requirements of this chapter.

 

1004.5Every party shall have the right to present his or her case or defense by oral or documentary evidence, to submit evidence in rebuttal and to conduct such cross-examination as may be required for a full and true disclosure of the facts.

 

1004.6When two (2) or more hearings are to be held, and the same or substantially similar evidence is relevant and material to the matters in issue at each hearing, the examiner may fix the same time and place for each hearing and conduct the hearings jointly.

 

1004.7When joint hearings are held, a single record of the proceedings shall be made, the evidence introduced in one case may be considered as introduced in the others, and a separate or joint decision shall be made, as appropriate.