CSHB 299(HES): "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; and providing for an effective date."
00CS FOR HOUSE BILL NO. 299(HES) 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; and 03 providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. FINDINGS. The legislature finds that 06 (1) drinking alcohol is a factor in approximately one-half of all fatal motor 07 vehicle accidents; 08 (2) any blood alcohol level affects driving ability and increases the likelihood 09 of accidents; 10 (3) youthful drivers who consume alcohol are far more likely than sober 11 teenage drivers to be killed in single vehicle accidents; 12 (4) drinking and driving is a leading killer of youths in this country; 13 (5) youths under the age of 21 are twice as likely as any other age group to 14 be involved in an alcohol-related automobile accident; and
01 (6) schools in this state should conduct educational programs to teach youths 02 about the dangers of drinking or using controlled substances and driving. 03 * Sec. 2. AS 28.15 is amended by adding new sections to read: 04 Sec. 28.15.183. ADMINISTRATIVE REVOCATION OF A MINOR'S 05 LICENSE TO DRIVE. (a) If a peace officer has probable cause based on personal 06 observation that a person who is at least 14 years of age but not yet 21 years of age 07 has possessed or used a controlled substance in violation of AS 11.71, or possessed or 08 consumed alcohol in violation of AS 04.16.050, the peace officer shall read a notice 09 and deliver a copy to the person. The notice must advise that 10 (1) the department intends to revoke the person's driver's license or 11 permit, privilege to drive, or privilege to obtain a license or permit; 12 (2) the person has the right to administrative review of the revocation; 13 (3) if the person has a driver's license or permit, the notice itself is a 14 temporary driver's license or permit that expires seven days after it is delivered to the 15 person; 16 (4) revocation of the person's driver's license or permit, privilege to 17 drive, or privilege to obtain a license or permit, takes effect seven days after delivery 18 of the notice to the person unless the person, within seven days, requests an 19 administrative review. 20 (b) After reading the notice under (a) of this section, the peace officer shall 21 seize the person's driver's license or permit if it is in the person's possession and shall 22 deliver it to the department with a sworn report describing the circumstances under 23 which it was seized. 24 (c) Unless the person has requested an administrative review, the department 25 shall revoke the person's driver's license or permit, privilege to drive, or privilege to 26 obtain a license or permit, effective seven days after delivery to the person of the 27 notice required under (a) of this section, upon receipt of a sworn report of a peace 28 officer 29 (1) that the officer had probable cause based on personal observations 30 that the person is at least 14 years of age but not yet 21 years of age and has 31 possessed or used a controlled substance in violation of AS 11.71, or possessed or
01 consumed alcohol in violation of AS 04.16.050; 02 (2) that notice under (a) of this section was provided to the person; and 03 (3) describing the circumstances surrounding the violation of the 04 controlled substances provisions of AS 11.71 or the alcoholic beverages provisions of 05 AS 04.16.050. 06 (d) The department shall impose the revocation required under this section 07 (1) for a first revocation, for a period of 90 days; 08 (2) for a second revocation, for a period of one year; or 09 (3) for a third or subsequent revocation, for a period of three years. 10 (e) Notwithstanding the provisions of AS 28.20.240 and 28.20.250, the 11 department may not require proof of financial responsibility before restoring a driver's 12 license, permit, or privilege that is revoked under this section. 13 (f) A revocation imposed under this section shall be consecutive to a 14 revocation imposed under another provision of law, except that a revocation imposed 15 under this section shall be concurrent with a revocation imposed under AS 28.15.185 16 that is based on the same incident. A department hearing officer may grant limited 17 license privileges in accordance with the standards set out in AS 28.15.201 to a person 18 whose driver's license, permit, or privilege was revoked under this section. 19 (g) The department may not issue a new license or reissue a license to a 20 person whose driver's license, permit, or privilege to drive has been revoked under this 21 section unless the person demonstrates compliance with the provisions of 22 AS 28.15.211(d). 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. 3. APPLICABILITY. This Act applies to violations of AS 04.16.050 or AS 11.71 08 that occur on or after the effective date of this Act. 09 * Sec. 4. This Act takes effect July 1, 1994.