(a) Any person who has received a notice of revocation under § 55-50-502(a)(1)(J) may request an administrative review. The request shall be accompanied by any relevant evidence, deemed appropriate by the department, which the person wants the department to consider in reviewing the determination made pursuant to § 49-6-3017.
(b) When a request for administrative review is made, the department shall review the determination made pursuant to § 49-6-3017. In the review, the department shall give consideration to any relevant evidence accompanying the request for the review. If the department determines, by the preponderance of the evidence, that the person has withdrawn from school or has failed to maintain satisfactory academic progress, the department shall sustain the order of revocation. If the evidence does not support that determination, the department must rescind the order of revocation. The determination of the department upon administrative review is final unless a hearing is requested under § 55-50-509.
(c) The department shall make a determination upon administrative review prior to the effective date of the revocation order if the request for the review is received by the department within fifteen (15) days following service of the notice of revocation. Where the request for administrative review is received by the department more than fifteen (15) days following service of the notice of revocation, the department shall make its determination within seven (7) days following the receipt of the request for review.
(d) A request for administrative review does not stay the license revocation. If the department is unable to make a determination within the time limits specified in subsection (c), it shall stay the revocation pending that determination.
(e) The request for administrative review and submission of relevant evidence shall be made by mail on a form supplied by the department. The department shall provide forms that the person may use to request an administrative review and to submit a sworn statement, but use of the forms is not required.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.