§ 27-16-909 — Suspension or revocation of license for inability to drive

(a) (1) The Office of Driver Services, having good cause to believe that a licensed driver is incompetent or otherwise not qualified to be licensed, may, upon written notice of at least five (5) days to the licensee, require the licensee to submit to an initial evaluation by a hearing officer appointed by the Secretary of the Department of Finance and Administration in an office of the Revenue Division of the Department of Finance and Administration designated by the secretary. (2) (A) Upon the conclusion of the initial evaluation, the hearing officer shall determine: (i) That the initial evaluation does not support the suspension or revocation of the license and that the license shall remain in effect; or (ii) That the driver must submit to a medical evaluation, a driving skills evaluation, or both a medical evaluation and a driving skills evaluation. (B) If the hearing officer determines that the driver must submit to a medical evaluation, driving skills evaluation, or both a medical evaluation and a driving skills evaluation, the driver shall provide proof of completion of the evaluation or evaluations to the hearing officer within thirty (30) days of the initial evaluation. (C) Refusal or neglect of the licensee to submit to, and provide proof of completion of, an evaluation required under this section is grounds for suspension or revocation of the licensee's license. (b) Upon receipt by the Office of Driver Services of evaluations required under subsection (a) of this section, the Office of Driver Services may suspend or revoke the license of the person or may permit the person to retain his or her license or may issue a license subject to restrictions as permitted under § 27-16-804 . (c) (1) The Office of Driver Services shall notify the licensee in writing of the suspension or revocation of the driver's license as authorized under this section. (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 shall schedule a hearing in an office of the Revenue Division of the Department of Finance and Administration designated by the secretary for hearings under this section. (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. (5) Hearings conducted by the Office of Driver Services under this section are not subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (d) (1) The Office of Driver Services shall not reinstate the license of a person suspended under this section unless the driver demonstrates to the Office of Driver Services that the driver is competent to operate a motor vehicle. (2) The Office of Driver Services shall not grant an application for a new license to a driver whose license has been revoked under this section unless the driver demonstrates to the Office of Driver Services that the driver is competent to operate a motor vehicle. (e) The secretary may promulgate rules for the orderly and efficient administration of this section.

Legislative History

Amended by Act 2019, No. 315,§ 3117, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 4668, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4667, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4666, eff. 7/1/2019. Acts 1937, No. 280, § 25; Pope's Dig., § 6849; Acts 1959, No. 307, § 16; A.S.A. 1947, § 75-329; Acts 1993, No. 445, § 30; 2011, No. 194, § 6.