DMV ADMINISTRATIVE HEARINGS: PROCESS OVERVIEW AND BEST PRACTICES By Tiffany Thomas

HEARING OVERVIEW

HEARING OFFICERS 3 Hearing Officers for the State Training occurs: Appointed by the Commissioner or Department Training occurs: National Judicial College On the job mentoring Trained how to: Operate the Datamaster Instrument FST’s

Anchorage Driver Licensing HEARING OFFICE Anchorage Driver Licensing 1300 W. Benson Blvd, Suite 100 Anchorage, AK 99503 907-269-3770 907-269-3774 FAX

HEARING TYPES DUI Refusal Minor Operating/ Minor Refusing Title and Registration Revocations Personalized Plates Medical Cancellations/ Re-Exams

2013 HEARINGS

REQUESTING A HEARING Hearings are not governed by the APA Hearings are not open to the public AS 28.05.131 determines when a hearing is afforded Different timeframes to request hearings. 7 days for DUI/Refusal 10 days for MI

HEARING PROCESS Hearings are telephonic Exceptions are for AS 28.05.141 AS 28.15.166 Exceptions are for Credibility issues Disability

HEARING PROCESS Parties may be represented Public Defenders cannot represent unless they take personal leave Parties may present witnesses, evidence, motions, etc. No constitutional issues are heard Technical rules of evidence do not apply

HEARING PROCESS The hearing officer will give a verbal decision at the conclusion of the hearing Form Letter Decision in the mail Some cases will have a written decision 30 days to appeal to the Superior Court

BEST PRACTICES

READ THE PAPERWORK

READ THE PAPERWORK

READ THE PAPERWORK

COMMUNICATE Don’t wait until the last minute to make a request. Don’t Assume, Ask!

CONTACT INFORMATION 907-269-3770 Hearing Officers General Questions about Licensing FAX 907-269-3774

Be Respectful Don’t yell at the hearing officer Kangaroo Court You aren’t legally trained

BE RESPECTFUL Don’t interrupt the hearing officer Don’t lie 15 Objections just during opening remarks Don’t lie The audio recording can come back to haunt you.

THE RECORD GOES PUBLIC Never forget that your client can appeal without you.

Answers to FAQ’s You don’t need to request a hearing if all you want is a limited license If you are convicted of a refusal you cannot get a limited license Think about that before you agree to a plea bargain The hearing officer cannot modify the revocation periods

ANSWER’S TO FAQ’S There is no administrative equal for a reckless. Cannot run concurrent with court conviction If your class D license is revoked you don’t get to operate on a CDL You can win in court and still lose your license administratively

ANSWERS TO FAQ’S Saturdays are not a holiday for time calculations The laws that govern the hearing process are: AS 28.05.131 AS 28.05.141 AS 28.10.051 AS 28.10.221 AS 28.15.031 AS 28.15.161 AS 28.15.166 AS 28.15.184 AS 28.15.221 AS 28.20.090 AS 28.22.041 AS 28.33.140 2 AAC 90.010 THROUGH 2 AAC 93.990

Questions