§ 37-141. Same—Hearing, etc.

(a)

Whenever the license administrator has knowledge of any action or condition which would constitute grounds for the suspension or revocation of any driver's certificate or reasonable cause to believe such grounds exist, the license administrator shall hold a hearing to ascertain all facts in the matter and determine whether or not the license should be suspended or revoked. Not less than ten days' prior written notice shall be served on the person holding such driver's certificate by personal service or by certified or registered mail to such person's last known business or residence address, setting out the reason for the hearing and the conditions under which the hearing will be held. The driver's certificate holder shall have full right to be represented by counsel, to produce witnesses and to cross examine all witnesses. All procedures in such hearings shall be recorded stenographically, mechanically or electronically or by a combination and shall be transcribed at the expense of the party requesting the transcription.

(b)

Subpoenas shall be issued by the license administrator for any witness whose presence is desired at such hearing, and such subpoenas may be served by any member of the police department. Such subpoenas shall be served, and return thereon shall be made as required by law. In the case of the refusal of any person to comply with any subpoena issued hereunder or to testify to any matter regarding which such person may be lawfully questioned, the municipal court may, upon application of the license administrator, order such person to comply with such subpoena and to testify; and failure to obey the court's order may be punished by the court as contempt.

(c)

The license administrator shall preside at the hearing. Witnesses may also appear voluntarily at such hearings and testify. Before any witness shall testify in any such hearing, the witness shall be sworn by the license administrator to tell the truth and nothing but the truth. The license administrator's decision and order shall be in writing and shall include, if so requested, findings if fact and conclusions of law. No suspension or revocation ordered by the license administrator following a hearing in accordance with this section shall become effective until ten days after the order has been issued.

(d)

Any person affected by the action of the license administrator in suspending or revoking a driver's certificate may appeal such action to the county administrator who shall review the record made at the hearing called for in this section and on the basis of the review shall affirm, reverse or modify the action of the license administrator. Any person affected by the action of the county administrator in suspending or revoking a driver's certificate, may appeal such action to the unified government board of commissioners, which shall review the record made at the hearing called for in this section and on the basis of the review shall affirm, reverse or modify the action of the county administrator. Appeals under this section shall be made within five days of the date of the decision appealed.

(Code 1988, § 37-130; Ord. No. O-30-03, § 1, 8-7-2003)