A Guide to the Driver Safety Administrative Hearing Process

Administrative Hearings

Introduction

Administrative Hearings conducted by the Department of Motor Vehicles (DMV) provide a fair resolution of matters in a professional, efficient way, and ensure due process is afforded to all drivers. This information is a general guide for those entitled to request a Driver Safety (DS) administrative hearing. It is intended to assist you with understanding the hearing process and preparing for your hearing. If you have received notification that a proposed action is being taken against your driving privilege, you must request a hearing within 10 days of receiving personal service or 14 days from the date the notice is mailed. If you do not make a timely request, your right to a hearing will be lost.

Not all hearings are the same and this guide may not provide you with all of the necessary information you may need in preparing for your individual hearing. If you have any questions regarding how a hearing is conducted, contact any of the DS offices listed in this publication.

Note: Hearings for drivers who have a certificate to transport passengers may not be conducted in the same manner as described in this publication.

Remember: Carefully read all of the documents that are personally provided or mailed to you by DMV. These documents tell you the issues involved in your case, what deadlines you must meet and your rights that apply in the administrative hearing process. The hearing will be limited to those issues listed in the documents.

Why Do I Need A Hearing With DMV?

The purpose of the hearing is to provide you with an opportunity to be heard and to present relevant evidence or testimony on your behalf regarding an action taken or the intent to take action against your driving privilege by DMV. You may also have to appear in court for the same reason DMV is taking action against your driving privilege. Any action taken by the court is independent of any action taken by DMV.

What Are My Hearing Rights?

You have the right to:

• Be represented by an attorney or other representative, at your own expense.
  — Representation by an attorney is not required.
• Review the evidence and cross examine the testimony of any witness for DMV.
  — DMV can base its case only on written documents without presenting any witnesses. If you wish to question someone who either prepared a document, or someone who is listed on a document that will be used as evidence, it is your responsibility to subpoena that person.
• Present evidence and relevant witnesses on your own behalf.
• Testify on your own behalf.

How Do I Review DMV's Evidence Against Me?

Your verbal or written request to review and obtain a copy of DMV's evidence regarding your case (known as discovery) prior to your hearing must be submitted to DMV at least 10 days prior to the date of your hearing. In some cases, DMV will automatically provide you with this information (discovery). If you do not request a hearing, you are giving up your right to review the evidence DMV will consider when making a decision in your case.

How Do I Obtain Records From Agencies or Have Witnesses Come To The Hearing?

You have the right to subpoena relevant records or other documents, photos, etc. to be produced on your behalf at the hearing.

Although your witness(es) may voluntarily attend your hearing, a subpoena protects your right under the law to compel the attendance of any witness. For any witness you subpoena on your behalf, you are required to pay all witness fees and any mileage to the hearing location. If you know a witness requires special accommodation, please contact DMV as soon as possible.

Note: Subpoenas are available through any DS Office. Someone other than you must serve the subpoenas.

What Kind of Evidence Can I Provide on My Behalf?

Any evidence you present must be relevant to your case. Evidence can be presented in the form of sworn documents, medical records, accident reports, photographs, or other relevant items. Evidence can also be sworn testimony taken under oath. On the date of your hearing, be prepared to bring any witness, or written evidence from any witness, who knows the specific issues involved in your case. Your witness(es) should be prepared to answer any questions raised by the hearing officer.

Note: Any evidence presented on your behalf cannot be returned to you because it becomes part of the official administrative hearing record maintained by DMV.

What If I Need an Interpreter?

If you or a witness needs a sign or language interpreter, immediately contact DMV in order to make arrangements for an interpreter.

What If I Cannot Attend My Hearing or I Fail To Show Up?

If you cannot attend your hearing on the scheduled date and time, you must contact DMV within 10 working days of the time you know, or should have known, you need a continuance. You may have to file a written statement indicating the reasons you cannot appear. DMV will grant the continuance after 10 working days if you are not responsible for causing the delay and made a good faith attempt to prevent the delay. If a continuance has not been granted and you do not attend your hearing, DMV will proceed with the hearing in your absence.

How and When Will I Be Notified of The Decision?

You will be notified in writing of the hearing officer's decision even if you do not attend your hearing. The time it takes to make a decision depends on the issues being addressed, the amount of evidence presented, and the testimony presented by any witness.

Can I Appeal DMV's Decision?

If you disagree with the hearing officer's decision, you have the right to request a departmental review of the decision, as well as the right to appeal the decision to superior court. Requests for a departmental review, or an appeal of the decision in superior court must be made within a certain time period depending on the laws affecting your case. The time periods for appeal and other specific information concerning your appeal rights are provided on the notice advising you of the hearing decision.

What Type of Decision Can Be Made?

Depending on the type of hearing, a hearing officer may sustain (keep in effect), set aside (dismiss), end, or modify DMV's earlier decision. If a time period for an action against your driving privilege is specified in the California Vehicle Code (CVC), the hearing officer cannot change the length of the action.

Note: The Administrative Procedures Act (APA), found in California Government Code Sections 11400 through 11528, and CVC Sections 14100 through 14112, govern DS hearings conducted by DMV. The DS Disciplinary Guidelines can be found in the California Code of Regulations, Section 110.4. The CVC can be found on the DMV website at www.dmv.ca.gov. Copies of the APA, CVC, DS Disciplinary Guidelines, and subpoenas are available from DS Branch Offices.

Contact DMV Driver Safety Offices for Driver Safety Office information, locations and hours.

FFDL 26 (3/2005)