§ 27-16-907 — Suspension or revocation of licenses

(a) The Office of Driver Services may suspend the license of a driver for up to one (1) year upon a showing by its records or other sufficient evidence that the licensee is a habitual violator of the traffic laws. (b) The Office of Driver Services may suspend the license of a driver for one (1) year upon a showing by its records or other sufficient evidence that the licensee: (1) Has been involved as a driver in an accident resulting in the death or personal injury of another or in serious property damage; (2) Is an habitually reckless or negligent driver of a motor vehicle; (3) Has permitted an unlawful or fraudulent use of the licensee's license; (4) Has been convicted of an offense in another state that if committed in this state would be grounds for suspension; (5) Is receiving any type of welfare, tax, or other benefit or exemption as a blind or nearly blind person, if the correctable vision of the person is less than 20/50 in at least one (1) eye or if the total visual field of the person is less than one hundred five degrees (105°); (6) Was found by the Office of Driver Services or its agent to have committed fraud in making an application for a driver's license or identification card issued under § 27-16-805 ; (7) Was found by the Office of Driver Services or its agent to have used or attempted to use a driver's license or identification card issued under § 27-16-805 that was fraudulent, counterfeit, or altered; or (8) Was found by the Office of Driver Services or its agent to have used or attempted to use the driver's license or identification card of another person by representing it as the licensee's own license or identification card issued under § 27-16-805 . (c) The Office of Driver Services may revoke the license of a driver upon a showing by its records or other sufficient evidence that the licensee: (1) Has been convicted of an offense in another state that if committed in this state would be grounds for revocation; or (2) (A) Is a person who is not lawfully present within the United States. (B) The Office of Driver Services shall not grant a new application for a license to a driver revoked under subdivision (c)(2)(A) of this section unless the driver demonstrates to the Office of Driver Services that the driver is lawfully present within the United States. (C) Notwithstanding the provisions of § 27-16-912 , a driver whose license is revoked for failure to demonstrate legal presence may apply for a new license at any time during the year following revocation if the driver is able to demonstrate lawful presence at the time of the application for a new license. (d) The Office of Driver Services may secure from all state agencies involved the necessary information to comply with this section. (e) (1) Upon the suspension or revocation of the license of a person under this section, the Office of Driver Services shall notify the licensee in writing. (2) Any licensee desiring a hearing shall notify the Office of Driver Services in writing within twenty (20) days after receipt of the notice of suspension or revocation. (3) (A) A hearing officer appointed by the Secretary of the Department of Finance and Administration shall schedule a hearing in an office of the Revenue Division of the Department of Finance and Administration designated by the secretary for the hearings. (B) The hearing shall be in the office of the Revenue Division of the Department of Finance and Administration in the county of residence of the licensee unless the secretary and licensee agree to another location for the hearing or agree that the hearing shall be held by telephone conference call. (4) Based upon the evidence presented at the hearing, the hearing officer shall modify, rescind, or affirm the suspension or revocation of the license. (f) Hearings conducted by the Office of Driver Services under this section shall not be subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (g) The secretary may promulgate rules for the administration of this section.

Legislative History

Amended by Act 2019, No. 315,§ 3116, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 4665, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4664, eff. 7/1/2019. Acts 1937, No. 280, § 30; Pope's Dig., § 6854; Acts 1967, No. 340, § 1; A.S.A. 1947, § 75-334; Acts 1987, No. 976, § 1; 1989, No. 193, § 7; 1993, No. 445, § 28; 1997, No. 1099, § 2; 2001, No. 744, § 1; 2001, No. 1057, § 1; 2011, No. 194, § 5.