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Published byMitchell Moody Modified over 6 years ago
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DMV ADMINISTRATIVE HEARINGS: PROCESS OVERVIEW AND BEST PRACTICES
By Tiffany Thomas
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HEARING OVERVIEW
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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
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Anchorage Driver Licensing
HEARING OFFICE Anchorage Driver Licensing 1300 W. Benson Blvd, Suite 100 Anchorage, AK 99503 FAX
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HEARING TYPES DUI Refusal Minor Operating/ Minor Refusing
Title and Registration Revocations Personalized Plates Medical Cancellations/ Re-Exams
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2013 HEARINGS
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REQUESTING A HEARING Hearings are not governed by the APA
Hearings are not open to the public AS determines when a hearing is afforded Different timeframes to request hearings. 7 days for DUI/Refusal 10 days for MI
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HEARING PROCESS Hearings are telephonic Exceptions are for
AS AS Exceptions are for Credibility issues Disability
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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
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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
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BEST PRACTICES
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READ THE PAPERWORK
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READ THE PAPERWORK
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READ THE PAPERWORK
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COMMUNICATE Don’t wait until the last minute to make a request.
Don’t Assume, Ask!
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CONTACT INFORMATION Hearing Officers General Questions about Licensing FAX
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Be Respectful Don’t yell at the hearing officer Kangaroo Court
You aren’t legally trained
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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.
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THE RECORD GOES PUBLIC Never forget that your client can appeal without you.
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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
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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
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ANSWERS TO FAQ’S Saturdays are not a holiday for time calculations
The laws that govern the hearing process are: AS AS AS AS AS AS AS AS AS AS AS AS 2 AAC THROUGH 2 AAC
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Questions
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