Review of order of suspension issued pursuant to NRS 483.462; hearing; issuance of temporary license; affirmation or rescission of suspension; judicial review. [Effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]
1. At any time during which the license, permit or privilege to drive is suspended pursuant to NRS 483.462, the person may request in writing a hearing by the Department to review the order of suspension. A person is entitled to only one administrative hearing pursuant to this section.
2. Unless the parties agree otherwise, the hearing must be conducted within 15 days after receipt of the request or as soon thereafter as is practicable in the county in which the requester resides.
3. The Director or his agent may:
(a) Issue subpoenas for:
(1) The attendance of witnesses at the hearing; and
(2) The production of relevant books and papers; and
(b) Require a reexamination of the requester.
4. The scope of the hearing must be limited to the issues of whether the person, at the time of the test:
(a) Was less than 21 years of age; and
(b) Had a concentration of alcohol of 0.02 or more but less than 0.10 in his blood or breath.
5. The Department shall issue the person a temporary license for a period that is sufficient to complete the administrative hearing.
6. Upon an affirmative finding on the issues listed in subsection 4, the Department shall affirm the order of suspension. Otherwise, the order of suspension must be rescinded.
7. If the order of suspension is affirmed by the Department, the person is entitled to judicial review of the issues listed in subsection 4 in the manner provided in chapter 233B of NRS.
8. The court shall notify the Department upon issuing a stay. Upon receiving such notice, the Department shall issue an additional temporary license for a period that is sufficient to complete the judicial review.
9. The hearing officer or the court shall notify the Department if the hearing officer grants a continuance of the administrative hearing or the court grants a continuance after issuing a stay of the suspension. Upon receiving such notice, the Department shall cancel any temporary license granted pursuant to this section and notify the holder by mailing an order of cancellation to the last known address of the holder.
Last modified: February 25, 2006