California Code of Regulations
Title 13 - Motor Vehicles
Division 1 - Department of Motor Vehicles
Chapter 1 - Department of Motor Vehicles
Article 2.4 - Driver Safety
Lapses of Consciousness
Section 115.04 - Hearing Requests and Late Hearing Requests

Universal Citation: 13 CA Code of Regs 115.04

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Any request for hearing pursuant to Vehicle Code section 14100 shall be made in writing, by telephone, or electronically through the department's online portal.

(1) Any request for hearing shall contain all of the following information:
(A) The name, birth date, driver's license number, current address, email, and current telephone number of the driver;

(B) The date of the arrest, detention, or incident at issue in the hearing, if applicable;

(C) The name of the agency responsible for arresting, detaining, citing, contacting, and/or providing notice of an order of suspension to the person requesting the hearing, if applicable;

(D) The name, address, e-mail, and telephone number of the subject driver's attorney or representative, if applicable; and

(E) An indication as to whether the driver and their representative, if any, consents to electronic service pursuant to Section 115.06 of this article.

(2) Any request for hearing that does not contain all the information specified in subsection (a)(1) will not be considered a valid request for a hearing pursuant to Vehicle Code section 14100.

(3) The person requesting the hearing or their representative must inform the department of any change in the information provided in subsection (a)(1) within five days of the change.

(b) If the driver fails to request a hearing within ten days, as required by Vehicle Code section 14100, the department may still grant a hearing if the driver provides information establishing all of the following:

(1) The driver or their representative was not responsible for the delay in requesting a hearing; and

(2) The driver or their representative could not reasonably have made a timely request.

Note: Authority cited: Section 1651, Vehicle Code; and Section 11400.20, Government Code. Reference: Sections 16070 and 16075, and Article 3 (commencing with Section 14100) of Chapter 3 of Division 6, Vehicle Code; and Sections 11505 and 11506, Government Code.

Note: Authority cited: Section 1651, Vehicle Code; and Section 11400.20, Government Code. Reference: Sections 16070 and 16075, and Article 3 (commencing with Section 14100) of Chapter 3 of Division 6, Vehicle Code; and Sections 11505 and 11506, Government Code.

Disclaimer: These regulations may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.