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State of Alaska

Department of Administration

Division Of Motor Vehicles

Alaska Department of Administration, Divison of Motor Vehicles
Administration >  Motor Vehicles >  Hearing Information- Suspension                                             
 

     

Administrative Hearing Information- Suspension

The purpose of an administrative hearing is to contest the department's suspension of your driving privilege.  Laws regarding the State's mandatory insurance and financial responsibility laws can be found in Alaska Statutes 28.20 and Alaska Statutes 28.22.  Requesting a hearing delays the suspension of your driving privileges pending the decision of the hearing officer.  Your hearing must address specific reasons (issues) regarding the suspension of your driving privilege.   The hearing officer cannot overturn the department's suspension because you need your license to drive to work, school, or need it for any other purpose.  The hearing officer can only consider the following issues during the hearing:

NON-COMPLIANCE WITH THE MANDATORY INSURANCE LAWS

  1. Whether you were driving a vehicle subject to registration that was involved, in any manner, in a collision which resulted in bodily injury or death of any person, or damage to the property of a person in excess of $501.00; and
  2. Whether you had motor vehicle liability insurance or a certificate of self-insurance in effect at the time of the collision as required by the mandatory insurance law.

Whether or not the collision was your fault is NOT a relevant issue for a mandatory insurance hearing and the hearing office cannot consider it.

NON-COMPLIANCE WITH THE FINANCIAL RESPONSIBILITY LAWS

In addition to the above issues, the financial responsibility hearing also includes two other issues:

  1. Whether the exceptions to the financial responsibility law listed under AS 28.20.060 apply to you; and
  2. Whether there is a reasonable possibility that a judgment for money damages will be rendered against you in a court of law.

Alaska's requirements for driving privilege reinstatement include the payment of fees and proof of financial responsibility for the future (also know by form number - SR-22).  Reinstatement is required by law.  The hearing officer has no authority to decide that the reinstatement requirements should not apply to you.

WHAT HAPPENS AT A HEARING?
A hearing officer will explain the hearing process, review the information in the state file, and ask if you have any questions.  A hearing officer will then swear in any witness(es) and take testimony.  This is your opportunity to present your side of the story.  A hearing officer may ask questions.  After reviewing all the evidence, the hearing officer will close the hearing.  The hearing officer will make a decision after the hearing and documentation will be mailed to you and, if applicable, your attorney.   The hearing officer will apply a preponderance of evidence standard.  If the hearing officer decides in your favor, the suspension will not take effect.  If the hearing officer decides against you, the suspension will go into effect for the minimum period of time based on your driving record.

HOW WILL I KNOW WHEN THE HEARING IS SCHEDULED?
You will receive a notice of the hearing that lists the date and time of the hearing.  On the reverse side of the hearing notice is a "notice of policy".  This policy provides you with information concerning evidence, subpoenas, records, and continuances.  Please read this form. 

WHAT IF I CHANGE MY MIND ABOUT A HEARING?
If you ask for a hearing and later decide you don't want it, you can withdraw your request.  If you decide to withdraw your request, please notify Anchorage Driver Licensing, in writing, as soon as possible.  Once your written request to cancel the hearing is received, the suspension of your license begins. 

WHAT IF I DON'T SHOW UP FOR MY HEARING?
If you request a hearing and fail to respond or attend the hearing, your right to a hearing is waived and the suspension will go into effect.

DO I NEED A LAWYER?
You have the right to have a lawyer, or any person of your choice, help you with the hearing.  Not all cases require legal assistance.  If your case is complicated you may need a lawyer.   If you are going to hire a lawyer, don't wait until the hearing is scheduled.   Hire a lawyer right away.  Your lawyer will need time to prepare your case.   If you hire a lawyer, let the hearing office know immediately so that a notice of the hearing can be sent to your lawyer.

WHAT IF I DISAGREE WITH THE HEARING DECISION?
If you disagree with the hearing officer's decision, you can appeal the decision to the Superior Court.

TIPS THAT MAY HELP YOU IN THE HEARING:

  • Be prepared. 
  • Write down the points you want to cover in your testimony.
  • Gather your written evidence together and mail copies to the hearing office to arrive at least 10 days before the hearing.
  • Talk to your witness(es) as soon as possible.
  • During the hearing, don't try to testify until it is your turn.
  • Don't interrupt those who are testifying.
  • When you testify, tell the truth.
  • Don't guess if you are not sure.
  • Try not to repeat yourself.
  • Make sure the evidence you present concerns the issues.
  • Don't argue or get angry during the hearing; you will do a much better job of presenting your case if you stay calm.
  • Participate in the hearing.
  • Exercise your rights.  It is your chance to tell your side of the story.

LIMITED LICENSE FOR WORK PURPOSES

What if all I really want is a "limited license" for work purposes?  If you are not contesting the suspension, there is no need to request a hearing.  You may apply for a limited license by completing the requirements on the application form.  A limited license application can be obtained online or at most DMV offices.

For further information, please contact Anchorage Driver Licensing at 269-3770 or DOA.DMV.ADL@Alaska.gov.