2007 California Vehicle Code Article 3. Hearing

CA Codes (veh:14100-14112)

VEHICLE CODE

SECTION 14100-14112




14100.  (a) Whenever the department has given notice, or has taken
or proposes to take action under Section 12804.15, 13353, 13353.2,
13950, 13951, 13952, or 13953, the person receiving the notice or
subject to the action may, within 10 days, demand a hearing which
shall be granted, except as provided in Section 14101.
   (b) An application for a hearing does not stay the action by the
department for which the notice is given.
   (c) The fact that a person has the right to request an
administrative hearing within 10 days after receipt of the notice of
the order of suspension under this section and Section 16070, and
that the request is required to be made within 10 days in order to
receive a determination prior to the effective date of the suspension
shall be made prominent on the notice.
   (d) The department shall make available notices, to accompany the
notice provided pursuant to this section, that provide the
information required pursuant to subdivision (c) in all non-English
languages spoken by a substantial number of the public served by the
department, and shall distribute the notices as it determines is
appropriate.
   (e) The department shall implement the provisions of subdivisions
(c) and (d) as soon as practicable, but not later than January 1,
1994.



14100.1.  Hearings granted on refusal, suspension, or revocation of
a passenger transportation vehicle or hazardous materials
endorsement, or farm labor vehicle certificate shall be conducted
according to Chapter 3 (commencing with Section 13800) of Division 6.




14101.  A person is not entitled to a hearing in either of the
following cases:
   (a)  If the action by the department is made mandatory by this
code.
   (b)  If the person has previously been given an opportunity with
appropriate notice for a hearing and failed to request a hearing
within the time specified by law.



14103.  Failure to respond to a notice given under this chapter
within 10 days is a waiver of the right to a hearing, and the
department may take action without a hearing or may, upon request of
the person whose privilege of driving is in question, or at its own
option, reopen the question, take evidence, change, or set aside any
order previously made, or grant a hearing.



14104.  If the department grants a hearing as provided in this
chapter, it shall  fix a time and place for the hearing and shall
give 10 days' notice of the hearing to the applicant or licensee.
The notice of hearing shall also include a statement of the discovery
rights of the applicant or licensee to review the department's
records prior to the hearing.



14104.2.  (a) Any hearing shall be conducted by the director or by a
hearing officer or hearing board appointed by him or her from
officers or employees of the department.
   (b) The entire proceedings at any hearing may be recorded by a
phonographic recorder or by mechanical, electronic, or other means
capable of reproduction or transcription.



14104.5.  (a) Before a hearing has commenced, the department, or the
hearing officer or hearing board, shall issue subpoenas or subpoenas
duces tecum, or both, at the request of any party, for attendance or
production of documents at the hearing.  After the hearing has
commenced, the department, if it is hearing the case, or the hearing
officer sitting alone, or the hearing board, may issue subpoenas or
subpoenas duces tecum, or both.
   (b) Notwithstanding Section 11450.20 of the Government Code,
subpoenas and subpoenas duces tecum issued in conjunction with the
hearings may be served by first-class mail.



14104.7.  At any hearing, the department shall consider its official
records and may receive sworn testimony.  At the hearing, or
subsequent to the hearing with the consent of the applicant or
licensee, any or all of the following may be submitted as evidence
concerning any fact relating to the ability of the applicant or
licensee to safely operate a motor vehicle:
   (a) Reports of attending or examining physicians and surgeons.
   (b) Reports of special investigators appointed by the department
to investigate and report upon any facts relating to the ability of
the person to operate a vehicle safely.
   (c) Properly authenticated reports of hospital records, excerpts
from expert testimony received by the department or a hearing board
upon similar issues of scientific fact in other cases, and the prior
decision of the director upon those issues.



14105.  (a) Upon the conclusion of a hearing, the hearing officer or
hearing board shall make findings and render a decision on behalf of
the department and shall notify the person involved.  Notice of the
decision shall include a statement of the person's right to a review.
  The decision shall take effect as stated in the notice, but not
less than four nor more than 15 days after the notice is mailed.
   (b) The decision may be modified at any time after issuance to
correct mistakes or clerical errors.



14105.5.  (a) The person subject to a hearing may request a review
of the decision taken under Section 14105 within 15 days of the
effective date of the decision.
   (b) On receipt of a request for review, the department shall stay
the action pending a decision on review, unless the hearing followed
an action pursuant to Section 13353, 13353.2, or 13953.  The review
shall include an examination of the hearing report, documentary
evidence, and findings.  The hearing officer or hearing board
conducting the original hearing may not participate in the review
process.
   (c) Following the review, a written notice of the department's
decision shall be mailed to the person involved.  If the action has
been stayed pending review, the department's decision shall take
effect as stated in the notice, but not less than four nor more than
15 days after the notice is mailed.
   (d) The decision may be modified at any time after issuance to
correct mistakes or clerical errors.



14106.  Following the mailing of the notice of the department's
decision pursuant to Section 14105.5, the department, at its own
option or upon the request of the person whose privilege of driving
is in question, may reopen the question, take further evidence, or
change or set aside any order previously made.



14112.  (a) All matters in a hearing not covered by this chapter
shall be governed, as far as applicable, by Chapter 5 (commencing
with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code.
   (b) Subdivision (a) of Section 11425.30 of the Government Code
does not apply to a proceeding for issuance, denial, revocation, or
suspension of a driver's license pursuant to this division.


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