Rhode Island Code of Regulations
Title 280 - Department of Revenue
Chapter 30 - Division of Motor Vehicles
Subchapter 05 - Licensing
Part 5 - Rules and Regulations Regarding Eligibility for Pupil Transportation Certificate
Section 280-RICR-30-05-5.8 - Hearing

Universal Citation: 280 RI Code of Rules 30 05 5.8

Current through September 18, 2024

A. Request. Upon receiving a hearing request from an individual whose application has been denied, the Division of Motor Vehicles shall afford a hearing as early as practical, but no later than twenty (20) days after receiving the request, as set forth in R.I. Gen. Laws § 31-11-7(b).

B. Conduct of hearing.

1. An individual whose application has been denied will be afforded the following rights at the hearing:
a. a hearing before an impartial decision maker;

b. the opportunity to compel the production of documents and witnesses, including members of the Division of Motor Vehicles 's Medical Advisory Board;

c. the opportunity to confront and cross-examine witnesses;

d. access to all of the evidence upon which the Division of Motor Vehicles relied in making its determination to suspend; and

e. the right to present any and all relevant evidence including the right to obtain and present the results of a recently administered road test, as set forth in R.I. Gen. Laws § 31-11-7(d).

C. Decision.

1. After the hearing conducted pursuant to § 5.8(B) of this Part, the Division of Motor Vehicles shall issue a written decision within thirty (30) days after the hearing based solely on the evidence adduced at the hearing and containing the legal and factual basis for the determination. The Division of Motor Vehicles may rescind its order of denial; determine that denial is not warranted; or may deny the license application, as set forth in R.I. Gen. Laws § 31-11-7(f).

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