Request for administrative review, when made
When someone gets notice that their driver's license is being suspended or revoked, they have 15 days to ask for a hearing to challenge that decision. While waiting for the hearing, a temporary permit may be issued so the person can keep driving. The hearing is run by a lawyer working for the state, and the state has to prove the person was driving under the circumstances that led to the suspension. After the hearing, the department sends its decision, and if the person disagrees, they have 15 days to appeal to a court.
302.530. Request for , when made — , duration — telephone s ted, when — hearing, , conduct — decision, notice, when — for — . — 1. Any person who has received a notice of or may make a request within fifteen days of receipt of the notice for a of the 's at a hearing. If the person's driver's has not been previously surrendered, it may be surrendered at the time the request for a hearing is made.
2. At the time the request for a hearing is made, if it appears from the that the person is the of a valid driver's license d by this state, and that the driver's license has been surrendered, the department shall issue a temporary permit which shall be valid until the scheduled date for the hearing. The department may later issue an additional temporary permit or permits in to the of the suspension or revocation until the is issued following the hearing, as required by section 302.520.
3. The hearing may be held by telephone, or if requested by the person, such person's attorney or , at a regional location as by the . The hearing shall be conducted by examiners who are licensed to practice law in the state of Missouri and who are employed by the department on a part-time or full-time basis as the department may determine.
4. The sole issue at the hearing shall be whether by a the person was driving a vehicle the circumstances set out in section 302.505. The shall be on the state to such evidence. If the department finds the of this issue, the suspension or revocation order shall be . If the department finds the of the issue, the suspension or revocation order shall be .
5. The procedure at such hearing shall be conducted in accordance with , with sections 302.500 to 302.540. A report under 2 of section 302.510 shall be in a like manner as a report as evidence of the facts stated therein and any of chapter 536 to the contrary shall not apply.
6. The department shall promptly notify the person of its decision including the reasons for that decision. Such notification shall include a notice advising the person that the department's decision shall be final within fifteen days from the date such notice was mailed unless the person challenges the department's decision within that time period by an appeal in the in the county where the occurred.
7. Unless the person, within fifteen days after being notified of the department's decision, files an appeal for judicial review pursuant to section 302.535, the decision of the department shall be final.
8. The director may adopt any necessary to carry out the of this section.
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Source & history notes
(L. 1983 S.B. 318 & 135 § 8, A.L. 1984 S.B. 608 & 681, A.L. 1996 H.B. 1169 & 1271 merged with S.B. 722, A.L. 2005 H.B. 487, A.L. 2012 H.B. 1402) (1985) Statute abrogates the power of a circuit court judge to issue an order staying the revocation of petitioner's license upon application of petitioner. State ex rel. King v. Kinder (Mo. banc), 690 S.W.2d 408. (2002) Subsection 4 provision does not deprive agency or court of subject matter jurisdiction to hear challenge to notice of suspension. Whitelaw v. Director of Revenue, 73 S.W.3d 731 (Mo.App.E.D.).
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.