40-5-59
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40-5-59.
(a)
The department, having good cause to believe that a licensed driver is
incompetent or otherwise not qualified to be licensed, shall require him to
submit to an examination at the nearest license examining facility within ten
days of receipt of written notice from the department. Upon the conclusion of
such examination, the department shall take action as may be appropriate and may
revoke the license of such person or permit him to retain such license or may
issue a license subject to restrictions as permitted under Code Section 40-5-30
or restrictions as to the type or class of vehicles that may be driven. Refusal
or neglect of the licensee to submit to such examination shall be grounds for
revocation of his license.
(b)
Notwithstanding the provisions of subsection (a) of this Code section, the
department is authorized to revoke the license of a driver without a preliminary
examination or hearing upon a recommendation by a court or prosecutor or upon a
showing by the records of the department that the licensee is incapacitated by
reason of disease, mental or physical disability, or addiction to alcohol or
drugs to the extent that such person is incompetent to operate a motor vehicle.
(c)
Any person whose license is revoked pursuant to subsection (b) of this Code
section thereafter shall be entitled to a hearing before the department upon
receipt by the department of a written request therefor. Such hearing shall be
held within 30 days of the receipt of such request. The person may request an
opinion of the Driver License Advisory Board as provided for in subsection (c)
of Code Section 40-5-34. The department may not grant any exceptions to any
regulations issued pursuant to subsection (a) of Code Section 40-5-35. The
scope of the hearing shall be to determine if the driver is competent to drive a
motor vehicle. The hearing shall be informal and appeal shall be as provided
for in Code Section 40-5-66.
(d)
The reports required by this Code section shall be confidential and shall be
used solely for the purpose of determining the qualifications of any person to
drive a motor vehicle on the highways of this state. No civil or criminal
action may be brought against any person or agency for providing the information
to the department for the purposes of this Code section. The reports, or any
reference to the reports, shall not be included in any abstract prepared
pursuant to Code Section 40-5-2.