Section 18-1005. HEARING ON REVOCATION OR SUSPENSION OF LICENSE

 

1005.1Any person whose license is revoked or suspended may, unless otherwise provided by law, demand a hearing which shall be granted, except as provided in § 1005.4.

 

1005.2The hearing demand shall be made in writing to the Director within five (5) days after the issuance of a revocation or suspension order.

 

1005.3There shall be no extensions of time as prescribed in § 1005.2, except as provided in § 1001.

 

1005.4A person is not entitled to a hearing when the action taken by the Director is made mandatory by law or when the person has previously been afforded an opportunity with appropriate notice for a hearing.

 

1005.5Upon receipt of the demand for a hearing, the Director may refer the same to the Chief Examiner for hearing and decision.

 

1005.6The Director may, at the time the demand is filed, take up the regular form of license of the person against whom an order of revocation or suspension has been issued and, in such case, shall issue a temporary license for the period he or she deems necessary in order to afford that person a hearing.

 

1005.7The temporary license shall operate as a stay of the order of suspension or revocation until the date of the hearing and shall contain a notice to the holder thereof of the foregoing limitation of the stay of the order.

 

1005.8Temporary licenses issued pursuant to this section shall not state the fact of the proposed suspension or revocation.

 

1005.9The Director may, for good cause shown, issue additional temporary licenses as he or she may deem necessary in order to carry out the intent of this section.

 

1005.10If any person fails to appear at a hearing scheduled by the Director without good cause shown, the stay of the order of suspension or revocation shall become void and the order shall become effective immediately upon the expiration of such stay with no further action required of the Director.

 

1005.11Temporary licenses issued under this section shall be effective or renewed until the hearing examiner’s decision is issued, the person fails to appear as required by § 1005.10, or his or her permit is suspended or revoked on other grounds pursuant to this chapter, whichever occurs first.