28-5232. Danger to public safety; suspension of registration or license; civil penalty; hearing; reinstatement

A. If after reviewing a report submitted by a law enforcement agency authorized to enforce this chapter the director determines that probable cause exists to believe that the continued operation by a manufacturer, shipper or motor carrier or the continued operation of a motor vehicle by a driver constitutes a danger to the public safety, the director shall issue both:

1. An order immediately imposing either of the following:

(a) Suspension of the registration of the motor vehicle owned or leased by the manufacturer, shipper or motor carrier.

(b) Suspension of the driver license or nonresident operating privilege of a driver.

2. An order to require the manufacturer, shipper, motor carrier or driver to show cause why the director should not impose a civil penalty and to show cause why the director should not continue the registration or license suspension.

B. The manufacturer, shipper, motor carrier or driver shall respond to the order to show cause at a hearing held not more than sixty days after service of written notice. The director shall send the notice by certified mail to the address provided to the department in the law enforcement agency's report alleging the safety danger or to the address provided in the application for vehicle registration or in the notification provided by an interstate carrier.

C. The scope of the hearing is limited to the following:

1. A determination that the respondent was operating on the public highway and that the operation constituted a danger to the public safety.

2. That the respondent ordered to appear at the hearing is responsible for the danger and is responsible under this title or a rule adopted under this title to prevent the danger or to remedy the danger.

D. After consideration of the evidence presented at the hearing, the director shall serve written notice of the director's finding and order within five days after the hearing. If the director enters a finding of responsibility, the director shall continue the suspension of the vehicle registration of the vehicles owned or leased by the manufacturer, shipper or motor carrier or shall continue the suspension of the driver license or nonresident operating privilege of the driver. A rehearing or a request for a rehearing on the matter does not stay the suspension of the vehicle registration or driver license or nonresident operating privilege.

E. If the director enters a finding of responsibility, the director shall impose a civil penalty as prescribed in section 28-5238.

F. The director shall not reinstate the registration of the motor vehicle owned or leased by the manufacturer, shipper or motor carrier or the driver license or nonresident operating privilege of the driver until all of the following are met:

1. The department of public safety or the law enforcement agency originally submitting the report provides in writing to the director that, if applicable, the cause for the finding of responsibility has been remedied.

2. All fees prescribed by statute to reinstate the vehicle registration or driving privileges are paid.

3. A civil penalty that has been imposed is paid.

G. If the manufacturer, shipper, motor carrier or driver fails to appear for a hearing, in addition to any other remedies provided by law, the director shall continue the suspension of the registration of the motor vehicle owned or leased by the manufacturer, shipper or motor carrier or the driver license or the nonresident operating privilege of the driver. The director shall not remove the suspension until the manufacturer, shipper, motor carrier or driver appears for the hearing and all of the conditions prescribed in subsection F of this section are met.