Citation on complaint; hearing; notice; suspension or revocation
of restricted license; failure to appear; evidence; review;
modification, amendment, or cancellation of order
Sec. 9. (a) Upon the filing of a complaint in writing with the
bureau against a person holding a current driver's license or applying
for a current driver's license or a renewal, the bureau may cite the
person for a hearing to consider the suspension or revocation of the
license upon any of the following charges:
(1) That the person has committed an offense for the conviction
of which mandatory revocation of license is provided.
(2) That the person has, by reckless or unlawful operation of a
motor vehicle, caused or contributed to an accident resulting in
death or injury to any other person or property damage.
(3) That the person is incompetent to drive a motor vehicle or
is afflicted with mental or physical infirmities or disabilities
rendering it unsafe for the person to drive a motor vehicle.
(4) That the person is a reckless or negligent driver of a motor
vehicle or has committed a violation of a motor vehicle law.
(b) Whenever the bureau issues a citation upon a complaint in
writing for any of the reasons set out in this section, the bureau shall
immediately notify the licensee or permit holder of the time and
place of the hearing and afford the person an opportunity of a hearing
in the county in which the person so cited and against whom the
complaint is filed resides before the bureau or a deputy or an agent
of the bureau designated for the purpose of the hearing. The citation
must state the time, date, and place where the hearing will be held
and that the licensee or permit holder has the right to appear and to
be heard. At the hearing the bureau or the deputy or agent may issue
an order of suspension or revocation or decline to suspend, revoke,
or issue the license or permit.
(c) The bureau or the deputy or agent may suspend or revoke the
current driver's license of a person and any of the certificates of
registration and license plates for a motor vehicle or require the
person cited to operate for a period of one (1) year under a restricted
license and make the reports the bureau requires.
(d) The bureau or the deputy or agent may subpoena witnesses,
administer oaths, and take testimony. The failure of the defendant to
appear at the time and place of the hearing after notice as provided
in this section does not prevent the hearing, the taking of testimony,
and the determination of the matter.
(e) Testimony or a record of suspension or revocation of a current
driver's license in the custody of the bureau following a hearing is
not admissible as evidence:
(1) in any court in any action at law for negligence; or
(2) in any civil action brought against a person so cited by the
bureau under this chapter.
(f) The bureau may suspend or revoke the license of an Indiana
resident for a period of not more than one (1) year upon receiving
notice of the conviction of the person in another state of an offense
that, if committed in Indiana, would be grounds for the suspension
or revocation of the license. The bureau may, upon receiving a record
of the conviction in Indiana of a nonresident driver of a motor
vehicle of an offense under Indiana motor vehicle laws, forward a
certified copy of the record to the motor vehicle administrator in the
state where the person convicted is a resident.
(g) The bureau may not suspend a current driver's license for more
than one (1) year and upon suspending or revoking any license shall
require that the license be surrendered to the bureau.
(h) A suspension or revocation under this section stands pending
any proceeding for review of an action of the bureau taken under this
section.
(i) In addition to any other power, the bureau may modify, amend,
or cancel any order or determination during the time within which a
judicial review could be had. A person aggrieved by the order or act
may have a judicial review under sections 10 and 11 of this chapter.
As added by P.L.2-1991, SEC.18. Amended by P.L.66-1992, SEC.21.
Last modified: May 27, 2006