§ 39-06-34 — Director may require re-examination

In addition to any other power, the director, having good cause to believe that an individual
with an operator's license is incompetent or otherwise not qualified for the operator's license,
may upon written notice of at least five days to the individual require the individual to submit to
such physical, mental, or driver's examination as may be deemed necessary by the director. If
the director has good cause to believe that the individual presents an immediate danger to the
motoring public, the director may immediately, and without prior notice, suspend the operator's
license of the individual pending the examination. The notice of suspension must provide the
individual with the opportunity for a hearing within five days of the receipt of the notice of
suspension. When a hearing is requested, the hearing must be conducted under section

39-06-33 and the hearing officer's recommended decision must be rendered within two days of
the conclusion of the hearing. Upon the conclusion of the examination, the director shall take
action as may be appropriate and may suspend or revoke the license of the individual or permit
the individual to retain the license, or may issue a license subject to restrictions as permitted
under section 39-06-17. The director may suspend or revoke the operator's license of the
individual for refusal or neglect of the individual to submit to an examination.