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Rules and Regulations

Rules and Regulations for Chapter 375-3-3

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375-3-3-.04 Departmental Hearings. Amended.

  (1)  Any person whose driver's license, permit, or driving privilege is cancelled, revoked, disqualified, suspended or denied is entitled to appeal the decision of the Department in taking such action. The purpose of the appeal will be to determine whether the Department acted in accordance with the law in taking such action.

 (2)  Administrative appeals of withdrawals must be submitted in writing and shall contain the following information:

 

(a)  The name, address, driver’s license number and date of birth of the licensee who is the subject of the appeal;

 

(b)  The suspension type and effective date thereof, if known;

 

(c)  The names and addresses of all interested parties;

 

(d)  A clear and concise statement of the facts upon which the contested case arises;

 

(e)  The legal authority under which the appeal is filed, including all code sections;

 

(f)   A prayer setting forth the relief sought; and

 

(g)  If the party filing the request is represented by counsel, the name and address of counsel. Appeals submitted by attorneys should be signed by same.

 

(3)  The Department will accept appeals as a matter of right only upon timely submission. However, it may, in its discretion, allow extensions of time and amendments of requests for good cause shown. Unless otherwise specified by statute or elsewhere within the rules of the Department, appeals shall be timely if received or postmarked within ten (10) days of effective date of the suspension. No appeal shall be allowed if not requested in a timely manner except where events uncontrollable by the aggrieved person are shown by him or her to have prevented a timely request. In this regard, the decision of the Commissioner shall be final.

 

(4)  Upon receipt of a timely, properly filed appeal in a contested case, the Department will forward the appeal and all pertinent documents to the Office of State Administrative Hearings in accordance with that agency's rules. Actions that are not contested cases as defined in the Administrative Procedures Act may be reviewed by the Commissioner or his/her designee.

 

(5)  Appeals will be conducted in accordance with all applicable statutes and with the rules of the State Office of Administrative Hearings and the Department, as applicable.

 

(6)  Appeals of suspensions imposed pursuant to O.C.G.A. §40-5-67.1. 

 

(a)  In addition to the requirements set forth in Paragraph (2), supra, any person who appeals an administrative license suspension or implied consent suspension arising under O.C.G.A. §40-5-67.1 shall submit a filing fee of $150.00. The timeliness provisions of Paragraph (3), supra, shall apply to the payment of such fees.

 

(b)

  

    1. In hearings conducted pursuant to O.C.G.A. §40-5-67.1, the arresting law enforcement officer may act on behalf of the Department as the complainant.

 

    2. Withdrawal of Suspension by Arresting Officer.

 

 i.  The arresting officer may at his or her discretion withdraw the administrative license suspension at any time during the ten (10) business days following the issuance of the Form 1205 or Form 1205s. 

 

 ii.  If the licensee does not appeal the suspension, the suspension shall be upheld as the Final Decision of the Department by operation of law, and the arresting officer may not withdraw the administrative license suspension thereafter. 

 

 iii.  If the licensee submits an appeal within the statutorily allotted period for same, the arresting officer may withdraw the administrative license suspension at his or her discretion at any point prior to the issuance of the Final Decision by the Administrative Law Judge. Upon the issuance of the Final Decision, the arresting officer may not withdraw the suspension.

 

(7)  In appeals of suspensions initiated pursuant to O.C.G.A. §40-5-22(a.1)(2), a representative of the school or school system that submitted notice to the Department that a minor’s driver’s license, permit or privilege was subject to suspension may act on behalf of the Department as the complainant, including, but not limited to, the presentation of testimony and documentary or other evidence.

 

 

 
 
 

Authority: 40-5-4, 40-5-22, 40-5-67.1 and 40-9-34
Filed Date: 8/24/2010
Effective Date: 9/13/2010