Investigation and HearingHearing

Section § 14100

Explanation

If the department notifies someone about a driver's license action, like a suspension, that person can request a hearing within 10 days. However, requesting a hearing doesn't stop the initial action from happening.

The notice must clearly state that a hearing can be requested within 10 days, so it happens before any suspension takes effect. The department must provide these notices in multiple languages if necessary.

(a)CA Vehicle Code § 14100(a) Whenever the department has given notice, or has taken or proposes to take action under Section 12804.15, 13353, 13353.2, 13950, 13951, 13952, or 13953, the person receiving the notice or subject to the action may, within 10 days, demand a hearing which shall be granted, except as provided in Section 14101.
(b)CA Vehicle Code § 14100(b) An application for a hearing does not stay the action by the department for which the notice is given.
(c)CA Vehicle Code § 14100(c) The fact that a person has the right to request an administrative hearing within 10 days after receipt of the notice of the order of suspension under this section and Section 16070, and that the request is required to be made within 10 days in order to receive a determination prior to the effective date of the suspension shall be made prominent on the notice.
(d)CA Vehicle Code § 14100(d) The department shall make available notices, to accompany the notice provided pursuant to this section, that provide the information required pursuant to subdivision (c) in all non-English languages spoken by a substantial number of the public served by the department, and shall distribute the notices as it determines is appropriate.
(e)CA Vehicle Code § 14100(e) The department shall implement the provisions of subdivisions (c) and (d) as soon as practicable, but not later than January 1, 1994.
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Section § 14100.1

Explanation

If you are denied, suspended, or have your passenger transport vehicle, hazardous materials endorsement, or farm labor vehicle certificate revoked, you are entitled to a hearing. This hearing will follow the procedures in another set of laws that start at Section 13800.

Hearings granted on refusal, suspension, or revocation of a passenger transportation vehicle or hazardous materials endorsement, or farm labor vehicle certificate shall be conducted according to Chapter 3 (commencing with Section 13800) of Division 6.
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Section § 14101

Explanation

You're not allowed a hearing if the law requires the department to take action against you automatically. Also, if you were already given a chance and proper notice for a hearing but didn't ask for it within the legal time frame, you can't have a hearing now.

A person is not entitled to a hearing in either of the following cases:
(a)CA Vehicle Code § 14101(a)  If the action by the department is made mandatory by this code.
(b)CA Vehicle Code § 14101(b)  If the person has previously been given an opportunity with appropriate notice for a hearing and failed to request a hearing within the time specified by law.
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Section § 14103

Explanation

If you don't respond to a notice from the Department of Motor Vehicles within 10 days, you lose your right to a hearing. The DMV can then make a decision about your driving privileges without your input. However, they might still choose to reconsider or change that decision, and might allow you a hearing if requested.

Failure to respond to a notice given under this chapter within 10 days is a waiver of the right to a hearing, and the department may take action without a hearing or may, upon request of the person whose privilege of driving is in question, or at its own option, reopen the question, take evidence, change, or set aside any order previously made, or grant a hearing.
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Section § 14104

Explanation

This law states that if a hearing is granted by the department, they need to set a date and location for it. They must also notify the person involved, like an applicant or a licensee, about the hearing at least 10 days in advance. Additionally, the notice must explain that the person has the right to access and review the department's records before the hearing.

If the department grants a hearing as provided in this chapter, it shall fix a time and place for the hearing and shall give 10 days’ notice of the hearing to the applicant or licensee. The notice of hearing shall also include a statement of the discovery rights of the applicant or licensee to review the department’s records prior to the hearing.
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Section § 14104.2

Explanation

If there's a hearing about a driver's license issue, it will be run by either the director or someone they appoint from within the department, like a hearing officer or board. The hearing can be recorded using various means like tape recorders or electronic devices.

(a)CA Vehicle Code § 14104.2(a) Any hearing shall be conducted by the director or by a hearing officer or hearing board appointed by him or her from officers or employees of the department.
(b)CA Vehicle Code § 14104.2(b) The entire proceedings at any hearing may be recorded by a phonographic recorder or by mechanical, electronic, or other means capable of reproduction or transcription.
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Section § 14104.5

Explanation

This law explains that before a hearing starts, the department or hearing officials must issue subpoenas, which are legal orders to attend or produce documents, if any party involved asks for them. After the hearing begins, these subpoenas can still be issued. Additionally, despite other government rules, these subpoenas can be served through first-class mail.

(a)CA Vehicle Code § 14104.5(a) Before a hearing has commenced, the department, or the hearing officer or hearing board, shall issue subpoenas or subpoenas duces tecum, or both, at the request of any party, for attendance or production of documents at the hearing. After the hearing has commenced, the department, if it is hearing the case, or the hearing officer sitting alone, or the hearing board, may issue subpoenas or subpoenas duces tecum, or both.
(b)CA Vehicle Code § 14104.5(b) Notwithstanding Section 11450.20 of the Government Code, subpoenas and subpoenas duces tecum issued in conjunction with the hearings may be served by first-class mail.
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Section § 14104.7

Explanation

This law outlines what can be considered as evidence during a hearing regarding a person’s ability to safely drive a vehicle. Official records, sworn testimony, and with the licensee's consent, the following can be used as evidence: medical reports from doctors, reports from the department's special investigators, and authenticated hospital records or expert testimonies from similar cases, as well as previous director decisions.

At any hearing, the department shall consider its official records and may receive sworn testimony. At the hearing, or subsequent to the hearing with the consent of the applicant or licensee, any or all of the following may be submitted as evidence concerning any fact relating to the ability of the applicant or licensee to safely operate a motor vehicle:
(a)CA Vehicle Code § 14104.7(a) Reports of attending or examining physicians and surgeons.
(b)CA Vehicle Code § 14104.7(b) Reports of special investigators appointed by the department to investigate and report upon any facts relating to the ability of the person to operate a vehicle safely.
(c)CA Vehicle Code § 14104.7(c) Properly authenticated reports of hospital records, excerpts from expert testimony received by the department or a hearing board upon similar issues of scientific fact in other cases, and the prior decision of the director upon those issues.
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Section § 14105

Explanation

After a hearing on a case, the hearing officer or board makes a decision and informs the person involved. The person will also be told about their right to request a review of the decision. The decision comes into effect between 4 to 15 days after the notice is mailed.

Additionally, the decision can be changed later if there are any mistakes or clerical errors that need correcting.

(a)CA Vehicle Code § 14105(a) Upon the conclusion of a hearing, the hearing officer or hearing board shall make findings and render a decision on behalf of the department and shall notify the person involved. Notice of the decision shall include a statement of the person’s right to a review. The decision shall take effect as stated in the notice, but not less than four nor more than 15 days after the notice is mailed.
(b)CA Vehicle Code § 14105(b) The decision may be modified at any time after issuance to correct mistakes or clerical errors.
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Section § 14105.5

Explanation

If someone disagrees with a decision made in their hearing, they have 15 days to ask for a review. While the review is happening, the original decision is paused unless it involves certain actions under Sections 13353, 13353.2, or 13953. The review looks at all the evidence and reports, but the original hearing officer won't be involved in this review.

After the review, the department will send a decision to the person, which will take effect between 4 and 15 days after they receive the notice. The decision can be changed to fix any errors.

(a)CA Vehicle Code § 14105.5(a) The person subject to a hearing may request a review of the decision taken under Section 14105 within 15 days of the effective date of the decision.
(b)CA Vehicle Code § 14105.5(b) On receipt of a request for review, the department shall stay the action pending a decision on review, unless the hearing followed an action pursuant to Section 13353, 13353.2, or 13953. The review shall include an examination of the hearing report, documentary evidence, and findings. The hearing officer or hearing board conducting the original hearing may not participate in the review process.
(c)CA Vehicle Code § 14105.5(c) Following the review, a written notice of the department’s decision shall be mailed to the person involved. If the action has been stayed pending review, the department’s decision shall take effect as stated in the notice, but not less than four nor more than 15 days after the notice is mailed.
(d)CA Vehicle Code § 14105.5(d) The decision may be modified at any time after issuance to correct mistakes or clerical errors.
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Section § 14106

Explanation

This law section allows the Department of Motor Vehicles to revisit a decision about someone's driving privileges. After they send you a decision notice, they can choose to review your case again, gather more evidence, or even change or cancel their previous decision. This can happen either on their own or if you request it.

Following the mailing of the notice of the department’s decision pursuant to Section 14105.5, the department, at its own option or upon the request of the person whose privilege of driving is in question, may reopen the question, take further evidence, or change or set aside any order previously made.
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Section § 14112

Explanation

This law explains that if there are any hearing matters not specifically covered by this chapter, they should follow the rules outlined in another part of the Government Code. Additionally, a specific provision from the Government Code does not apply when dealing with processes like issuing, denying, or revoking a driver's license.

(a)CA Vehicle Code § 14112(a) All matters in a hearing not covered by this chapter shall be governed, as far as applicable, by Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(b)CA Vehicle Code § 14112(b) Subdivision (a) of Section 11425.30 of the Government Code does not apply to a proceeding for issuance, denial, revocation, or suspension of a driver’s license pursuant to this division.
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