Bill Text: HI SB2157 | 2010 | Regular Session | Amended
Bill Title: ADLRO Hearing; Costs; Venue; Remote Conferencing
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2010-03-03 - (H) Referred to JUD, FIN, referral sheet 33 [SB2157 Detail]
Download: Hawaii-2010-SB2157-Amended.html
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THE SENATE |
S.B. NO. |
2157 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO ADMINISTRATIVE LICENSE REVOCATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 291E-37, Hawaii Revised Statutes, is amended by amending subsection (g) to read as follows:
"(g) If the director administratively revokes the respondent's license and privilege to operate a vehicle, and motor vehicle registration, if applicable, the director shall mail a written review decision to the respondent, or to the parent or guardian of the respondent if the respondent is under the age of eighteen. The written review decision shall:
(1) State the reasons for the administrative revocation;
(2) Indicate that the respondent has six days from the date the decision is mailed to request an administrative hearing to review the director's decision;
(3) Explain the procedure by which to request an administrative hearing;
(4) Be accompanied by a form[, postage prepaid,]
that the respondent may fill out and mail in order to request an administrative
hearing;
(5) Inform the respondent of the right to review and copy all documents considered at the review, including the arrest report and the sworn statements of law enforcement officers or other persons, prior to the hearing; and
(6) State that the respondent may be represented by counsel at the hearing, submit evidence, give testimony, and present and cross-examine witnesses, including the arresting law enforcement officer."
SECTION 2. Section 291E-38, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The hearing shall be held at a place
designated by the director, as close to the location where the notice of
administrative revocation was issued [as practical.] as practicable;
provided that the director may authorize a hearing to be held:
(1) With the consent of the respondent, in a county other than the county in which the notice of administrative revocation was issued; or
(2) By telephonic, video, or other electronic means."
SECTION 3. Section 291E-39, Hawaii Revised Statutes, is amended to read as follows:
"§291E-39 Fees and costs. The
director may assess and collect a [$30] $40 fee from the
respondent to cover the costs of processing the respondent's request for an
administrative hearing. These costs include but shall not be limited to: the
cost of photocopying documents; conditional license permits, temporary permits,
temporary motor vehicle registrations, temporary number plates, and relicensing
forms; interpreter services; and other similar costs; provided that the costs
of issuing subpoenas for witnesses, including mileage fees, shall be borne by
the party requesting the subpoena. The director may waive the fee in the case
of an indigent respondent, upon an appropriate inquiry into the financial
circumstances of the respondent seeking the waiver and an affidavit or a
certificate signed by the respondent demonstrating the respondent's financial
inability to pay the fee."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
Report Title:
ADLRO Hearing; Costs; Venue; Remote Conferencing
Description:
Shifts costs of mailing administrative hearing request from the driver's license revocation office to the person requesting the hearing. Authorizes administrative director of the courts to permit administrative driver's license hearings to be held in a county other than the county of arrest and to permit hearings by electronic means. Increases the administrative hearing fee from $30 to $40. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
