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
- 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
- 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:
- Whether the exceptions to the financial
responsibility law listed under AS 28.20.060 apply to you; and
- 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.
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