What is an administrative per se hearing?
A. In most circumstances where DMV orders a discretionary action against a person’s driving privilege, that person has the right to a hearing before the department to contest the action and review the evidence supporting it. You must request a hearing within ten days of receiving notice of the action against the driving privilege. The hearing proceedings are tape recorded and are conducted by telephone or in person. The hearing is held before a Driver Safety Hearing Officer of the department. At the hearing, the driver is informed of the legal grounds for the action, and has the opportunity to review and challenge the evidence of the department, and to present evidence, witnesses and testimony to persuade the department to modify or rescind the action. The rules that control these hearings are found in the Vehicle Code, the Government Code (Administrative Procedures Act) and in various Appellate and Supreme Court rulings. Following the hearing, the Driver Safety Hearing Officer will ma
Related Questions
- Does the definition of "court" include administrative hearing proceedings? Do the same requirements apply to the executive branch agencies responsible for conducting those hearings?
- If I lose at the Administrative Per Se Hearing and the Court matter results in a conviction, do the license suspension run one after the other or do they overlap?
- What is an administrative per se hearing?
