CSHB 299(FIN): "An Act relating to revocation of a driver's license for illegal possession or use of a controlled substance or illegal possession or consumption of alcohol; to fees for reinstatement of a driver's license; and providing for an effective date."
00CS FOR HOUSE BILL NO. 299(FIN) 01 "An Act relating to revocation of a driver's license for illegal possession or use 02 of a controlled substance or illegal possession or consumption of alcohol; to fees 03 for reinstatement of a driver's license; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 28.15 is amended by adding new sections to read: 06 Sec. 28.15.183. ADMINISTRATIVE REVOCATION OF A MINOR'S 07 LICENSE TO DRIVE. (a) If a peace officer has probable cause based on personal 08 observation that a person who is at least 14 years of age but not yet 21 years of age 09 has possessed or used a controlled substance in violation of AS 11.71, or possessed or 10 consumed alcohol in violation of AS 04.16.050 and the peace officer has cited the 11 person or arrested the person for a violation of AS 11.71 or AS 04.16.050, the peace 12 officer shall read a notice and deliver a copy to the person. The notice must advise 13 that 14 (1) the department intends to revoke the person's driver's license or
01 permit, privilege to drive, or privilege to obtain a license or permit; 02 (2) the person has the right to administrative review of the revocation; 03 (3) if the person has a driver's license or permit, the notice itself is a 04 temporary driver's license or permit that expires seven days after it is delivered to the 05 person; 06 (4) revocation of the person's driver's license or permit, privilege to 07 drive, or privilege to obtain a license or permit, takes effect seven days after delivery 08 of the notice to the person unless the person, within seven days, requests an 09 administrative review. 10 (b) After reading the notice under (a) of this section, the peace officer shall 11 seize the person's driver's license or permit if it is in the person's possession and shall 12 deliver it to the department with a sworn report describing the circumstances under 13 which it was seized. 14 (c) Unless the person has requested an administrative review, the department 15 shall revoke the person's driver's license or permit, privilege to drive, or privilege to 16 obtain a license or permit, effective seven days after delivery to the person of the 17 notice required under (a) of this section, upon receipt of a sworn report of a peace 18 officer 19 (1) that the officer had probable cause based on personal observations 20 that the person is at least 14 years of age but not yet 21 years of age and has 21 possessed or used a controlled substance in violation of AS 11.71, or possessed or 22 consumed alcohol in violation of AS 04.16.050; 23 (2) that notice under (a) of this section was provided to the person; and 24 (3) describing the circumstances surrounding the violation of the 25 controlled substances provisions of AS 11.71 or the alcoholic beverages provisions of 26 AS 04.16.050. 27 (d) The department shall impose the revocation required under this section 28 (1) for a first revocation, for a period of 90 days; 29 (2) for a second revocation, for a period of one year; or 30 (3) for a third or subsequent revocation, for a period of three years. 31 (e) Notwithstanding the provisions of AS 28.20.240 and 28.20.250, the
01 department may not require proof of financial responsibility before restoring a driver's 02 license, permit, or privilege that is revoked under this section. 03 (f) A revocation imposed under this section shall be consecutive to a 04 revocation imposed under another provision of law, except that a revocation imposed 05 under this section shall be concurrent with a revocation imposed under AS 28.15.185 06 that is based on the same incident. A department hearing officer may grant limited 07 license privileges in accordance with the standards set out in AS 28.15.201 to a person 08 whose driver's license, permit, or privilege was revoked under this section. 09 (g) Except as provided under (h) of this section, the department may not issue 10 a new license or reissue a license to a person whose driver's license, permit, or 11 privilege to drive has been revoked under this section unless the person is enrolled in 12 and is in compliance with, or has successfully completed 13 (1) an alcoholism education and rehabilitation treatment program, if the 14 revocation resulted from possession or consumption of alcohol in violation of 15 AS 04.16.050; or 16 (2) a drug rehabilitation treatment program, if the revocation resulted 17 from possession or use of a controlled substance in violation of AS 11.71. 18 (h) The department may waive the provisions of (g) of this section if a person 19 who is required to obtain drug or alcoholism treatment resides in an area where drug 20 rehabilitation or alcoholism treatment is unavailable. 21 (i) In this section, "peace officer" does not include a person employed by the 22 Department of Corrections. 23 Sec. 28.15.184. ADMINISTRATIVE REVIEW OF REVOCATION OF A 24 MINOR'S LICENSE. (a) A person who has received a notice under AS 28.15.183(a) 25 may make a written request for administrative review of the department's action. If 26 the person's driver's license or permit has not been previously surrendered to the 27 department, it shall be surrendered to the department at the time the request for review 28 is made. 29 (b) A request for review of the department's revocation under AS 28.15.183 30 shall be made within seven days after receipt of the notice under AS 28.15.183 or the 31 right to review is waived and the action of the department under AS 28.15.183(c) is
01 final. If a written request for a review is made after expiration of the seven-day 02 period, and if it is accompanied by the applicant's verified statement explaining the 03 failure to make a timely request for a review, the department shall receive and consider 04 the request. If the department finds that the person was unable to make a timely 05 request because of lack of actual notice of the revocation or because of factors of 06 physical incapacity such as hospitalization or incarceration, the department shall waive 07 the period of limitation, reopen the matter, and grant the review request. 08 (c) Upon receipt of a request for review, if it appears that the person holds a 09 valid driver's license or permit and that the driver's license or permit has been 10 surrendered, the department shall issue a temporary driver's permit that is valid until 11 the scheduled date for the review. A person who has requested a review under this 12 section may request, and the department may grant for good cause, a delay in the date 13 of the hearing. If necessary, the department may issue additional temporary permits 14 to stay the effective date of its action under AS 28.15.183(c) until the final order after 15 the review is issued. 16 (d) A person who has requested a hearing under this section and who fails to 17 appear at the hearing, for reasons other than lack of actual notice of the hearing or 18 physical incapacity such as hospitalization or incarceration, waives the right to a 19 hearing. The determination of the department that is based upon the officer's report 20 becomes final. 21 (e) Notwithstanding AS 28.05.141(b), the hearing under this section may be 22 held telephonically at the discretion of the hearing officer. 23 (f) A review under this section shall be held before a hearing officer 24 designated by the commissioner. The hearing officer may 25 (1) administer oaths and affirmations; 26 (2) examine witnesses and take testimony; 27 (3) receive relevant evidence; 28 (4) issue subpoenas, take depositions, or cause depositions or 29 interrogatories to be taken; 30 (5) regulate the course and conduct of the hearing; 31 (6) make a final ruling on the issue.
01 (g) The hearing for review of a revocation by the department under 02 AS 28.15.183 shall be limited to the issues of whether the person was at least 14 years 03 of age but not yet 21 years of age and whether the person possessed or used a 04 controlled substance in violation of AS 11.71 or possessed or consumed alcohol in 05 violation of AS 04.16.050. 06 (h) The determination of the hearing officer may be based upon the sworn 07 report of a peace officer, if the sworn report is supported by probable cause based on 08 personal observations as required under AS 28.15.183(a). The peace officer need not 09 be present at the hearing unless either the person requesting the hearing or the hearing 10 officer requests in writing before the hearing that the officer be present. If in the 11 course of the hearing it becomes apparent that the testimony of the peace officer is 12 necessary to enable the hearing officer to resolve disputed issues of fact, the hearing 13 shall be continued to allow the attendance of the peace officer. 14 (i) Testimony given at the hearing is not admissible in a criminal trial unless 15 the testimony given at the trial is inconsistent with testimony given at the hearing. 16 (j) If the issues set out in (g) of this section are determined in the affirmative 17 by a preponderance of the evidence, the hearing officer shall sustain the action of the 18 department. If one or more of the issues is determined in the negative, the 19 department's revocation action shall be rescinded. 20 (k) If the action of the department in revoking a nonresident's privilege to 21 drive a motor vehicle is not administratively contested by the nonresident driver or if 22 the departmental action is sustained by the hearing officer, the department shall give 23 written notice of action taken to the motor vehicle administrator of the state of the 24 person's residence and to any state in which that person has a driver's license. 25 (l) Within 30 days of the issuance of the final determination of the department, 26 a person aggrieved by the determination may file an appeal in superior court for 27 judicial review of the hearing officer's determination. The judicial review shall be on 28 the record without taking additional testimony. The court may reverse the 29 department's determination if the court finds that the department misinterpreted the 30 law, acted in an arbitrary and capricious manner, or made a determination unsupported 31 by the evidence in the record.
01 (m) The filing of an appeal under (l) of this section or a petition for review 02 does not automatically stay the department's order or revocation. The court may grant 03 a stay of the order or revocation under the applicable rules of court, after a motion and 04 hearing, and upon a finding that there is a reasonable probability that the petitioner 05 will prevail on the merits and that the petitioner will suffer irreparable harm if the 06 order is not stayed. 07 * Sec. 2. AS 28.15.211(c) is amended to read: 08 (c) At the end of a period of suspension or limitation, when that limitation 09 follows a suspension, the person whose license has been suspended or limited may 10 apply to the department and, upon payment of the proper fees, including a 11 reinstatement fee [OF $100], be issued a duplicate driver's license if the person is 12 otherwise entitled to the license under this title. 13 * Sec. 3. AS 28.15.211(d) is amended to read: 14 (d) At the end of a period of revocation or limitation following a revocation, 15 a person whose driver's license has been revoked may apply to the department for the 16 issuance of a new license, but shall submit to reexamination, pay all required fees 17 including a reinstatement fee [OF $100], and if the license was revoked under 18 AS 28.15.181(a)(5) or (8), submit proof of 19 (1) enrollment in and compliance with or completion of an alcoholism 20 education and rehabilitation treatment program if the person was sentenced under 21 AS 28.15.181(c)(1); or 22 (2) completion of and payment for an alcoholism education and 23 rehabilitation treatment program if the person was convicted under AS 28.15.181(c)(2) 24 - (4). 25 * Sec. 4. AS 28.15.271(b) is amended to read: 26 (b) In addition to the fees under (a) of this section, 27 (1) a person who renews a driver's license by mail shall pay a fee of 28 $1; [AND] 29 (2) a person who applies for a limited driver's license under 30 AS 28.15.201 shall pay a fee of $100; and 31 (3) a person who applies for reinstatement of a driver's license
01 under AS 28.15.211 shall pay a fee of 02 (A) $100 if the person's driver's license has, within the 10 03 years preceding the application, been suspended, revoked, or limited under 04 the provisions of this chapter only once; or 05 (B) $250 if the person's driver's license has, within the 10 06 years preceding the application, been suspended, revoked, or limited under 07 the provisions of this chapter two or more times. 08 * Sec. 5. APPLICABILITY. This Act applies to violations of AS 04.16.050 or AS 11.71 09 that occur on or after the effective date of this Act. 10 * Sec. 6. This Act takes effect July 1, 1994.