What is an administrative hearing?
Thanks, I would appreciate your immediate attention to this matter.


Tyesha

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. (A discretionary action is one where the law permits, but does not require, DMV to order an action). A person 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 make a decision to uphold (sustain), modify, or rescind (set aside) the DMV action.
If you have any questions, please don't hesitate to contact us.
Best wishes
Todd