§286-254 Notice of administrative revocation; contents. (a) The notice of administrative revocation shall provide, at a minimum and in clear language, the following general information relating to administrative revocation:

(1) The statutory authority for administrative revocation;

(2) An explanation of the distinction between administrative revocation and a suspension or revocation imposed under section 291-4 or 291-4.4; and

(3) That criminal charges filed pursuant to section 291-4 or 291-4.4 may be prosecuted concurrently with the administrative action.

(b) The notice, when completed by the arresting officer and issued to the arrestee, shall contain at a minimum the following information relating to the arrest:

(1) Information identifying the arrestee;

(2) The specific violation for which the person was arrested;

(3) The date issued and the date the administrative revocation is scheduled to go into effect;

(4) That the arrestee was informed of the sanctions of this part and of the consequences of refusing to be tested for alcohol content of the blood and whether or not the arrestee consented to be tested;

(5) The expiration date of the temporary permit; and

(6) That the arrest will be administratively reviewed.

  1. The notice shall provide, at a minimum, the following

information relating to the administrative review:

(1) That the review is automatic;

(2) That the arrestee may, within three days of the arrest, submit written information demonstrating why the arrestee's license should not be administratively revoked;

(3) The address or location where the arrestee may submit the information;

(4) That the arrestee is not entitled to be present or represented at the review; and

(5) That the review decision shall be mailed to the arrestee no later than eight days after the date of the arrest.

(d) The notice shall state that if the arrestee's license is not administratively revoked after the review, the arrestee's license shall be returned along with a certified statement that the administrative revocation proceedings have been terminated.

(e) The notice shall state that if the arrestee's license is administratively revoked after the review, a decision shall be mailed to the arrestee containing, at a minimum, the following information:

(1) The reasons why the arrestee's license was administratively revoked;

(2) That the arrestee may request the director, within six days of the date the decision is mailed, to schedule an administrative hearing to review the administrative revocation;

(3) That if the arrestee requests an administrative hearing within six days, the hearing shall be scheduled to commence no later than twenty-five days after the date of arrest;

(4) The procedure to request an administrative hearing;

(5) That failure to request an administrative hearing within the time provided shall cause the administrative revocation to take effect for the period and under the conditions established by the director in the decision;

(6) That the arrestee may regain the right to a hearing by requesting the director, within sixty days after the arrest, to schedule a hearing;

(7) That the director shall schedule the hearing to commence no later than thirty days after the request is made but that the temporary permit shall not, in any event, be extended if the arrestee fails to request an administrative hearing within the initial six-day period provided for that purpose;

(8) That failure to attend the hearing shall cause the administrative revocation to take effect for the period and under the conditions indicated; and

(9) The duration of the administrative revocation and other conditions which may be imposed, including alcohol counseling, alcohol treatment, and installation of an ignition interlock system.

(f) The notice shall provide, at a minimum, the following information relating to administrative hearings:

(1) That the arrestee shall have six days from the date the review decision was mailed to request that an administrative hearing be scheduled;

(2) That a request for an administrative hearing shall entitle the arrestee to review and copy all documents considered at the review, including the arrest report and the sworn statements, prior to the hearing;

(3) That the arrestee may be represented by an attorney, submit evidence, give testimony, and present and cross-examine witnesses; and

(4) That a written decision shall be mailed no later than five days after completion of the hearing.

(g) The notice shall state that if the administrative revocation is reversed after the hearing, the arrestee's license and any fees collected from the arrestee under this part shall be returned along with a certified statement that the administrative revocation proceedings have been terminated.

(h) The notice shall state that if the administrative revocation is sustained at the hearing, a decision shall be mailed to the arrestee containing, at a minimum, the following information:

(1) The effective date of the administrative revocation;

(2) The duration of the administrative revocation;

(3) Other conditions which may be imposed by law; and

(4) The right to obtain judicial review.

(i) The notice shall state that failure to attend a scheduled hearing, shall cause the administrative revocation to take effect as provided in the administrative review decision. [L 1990, c 188, pt of §3; am L Sp 1991, c 1, §6; am L 1996, c 230, §1; am L 1998, c 84, §4 and c 235, §2]