§ 56-1-1030 — Habitual offender determination; revocation of license; notice of determination and appeal.

(A) When a person is convicted of one or more of the offenses listed in Section 56-1-1020(a), (b), or (c), the Department of Motor Vehicles must review its records for that person. If the department determines after review of its records that the person is an habitual offender as defined in Section 56-1-1020, the department must revoke or suspend the person's driver's license. (B) If the department determines the person is an habitual offender, the department shall give notice of its determination to the person and direct the person not to operate a motor vehicle on the highways of this State and to surrender his driver's license or permit to the department. The notice must provide that a person aggrieved by the department determination may file a request for a contested case hearing with the Office of Motor Vehicle Hearings in accordance with its rules of procedure. The Office of Motor Vehicle Hearings has exclusive jurisdiction to conduct these hearings.

Legislative History

HISTORY: 1962 Code SECTION 46-197.2; 1973 (58) 424; 1974 (58) 2998; 1988 Act No. 532, SECTION 3; 1990 Act No. 602, SECTION 1; 1993 Act No. 181, SECTION 1342; 1996 Act No. 459, SECTION 114; 2006 Act No. 381, SECTION 5, eff June 13, 2006; 2008 Act No. 279, SECTION 5, eff October 1, 2008.