License suspension hearing procedure

A. Right of Licensee to a Hearing. When the examiner of drivers suspends a license under section 286-119 of the Hawaiʻi Revised Statutes, the examiner of drivers shall immediately notify the licensee and afford him a hearing. B. Notice to the Licensee. The examiner of drivers shall place the matter on his agenda, and in conformity with the provisions of chapter 91 of the Hawaiʻi Revised Statutes, as amended, notify the licensee immediately after suspension of a license under section 286-119 of the Hawaiʻi Revised Statutes. C. Hearing. At such hearing, the examiner of drivers shall afford the licensee an opportunity to be heard. Such hearing shall be conducted in conformity with the applicable provisions of such chapter 91. D. Consultation by Examiner of Drivers Prohibited. The examiner of drivers shall not consult any person on any issue of fact, except upon notice and opportunity for all parties to participate. E. Decision and Order. The examiner of drivers may rescind the suspension, suspend the license for a further period, or revoke the license. Each decision and order adverse to the licensee shall be in writing or stated in the record and shall be accompanied by separate findings of fact and conclusions of law. If any party to the proceedings has filed proposed findings of fact, the examiner of drivers shall incorporate in his decision a ruling upon each proposed findings presented. Parties to the proceeding shall be notified by delivery or mailing of a certified copy of the decision and order and accompanying findings and conclusions within a reasonable time to each party or to his attorney of record. F. Rehearing. The examiner of drivers may rehear any decision adverse to the licensee. The licensee may apply in writing for a rehearing setting forth: 1. His name, mailing address, and telephone number; 2. The particular sections of the statutes and rules involved; 3. All pertinent facts; 4. The action of the examiner of drivers; and 5. The reasons for the rehearing. The examiner of drivers may either grant or deny the rehearing. (Ord. 1464 § 1 (part), 1985: prior code § 10-5.3)