(a) The Office of Driver Services is authorized to suspend the license of any driver after a hearing upon a showing by its records or other sufficient evidence that the licensee:
(1) Has been convicted of an offense for which mandatory revocation of the license is required;
(2) Has been involved as a driver in any accident resulting in the death or personal injury of another or in serious property damage;
(3) Is an habitually reckless or negligent driver of a motor vehicle;
(4) Is an habitual violator of the traffic laws;
(5) Is incompetent to drive a motor vehicle;
(6) Has permitted an unlawful or fraudulent use of his license;
(7) Has committed an offense in another state which if committed in this state would be grounds for suspension or revocation;
(8) Is receiving any type of welfare, tax, or other benefit or exemption as a blind or nearly blind person if the correctable vision of the person is less than 20/50 in the better eye or if the total visual field of the person is less than one hundred five degrees (105°);
(9) Is any person who is not lawfully within the United States;
(10) Was found by the office or its agent to have used or attempted to use a driver's license or identification card issued under § 27-16-805 that was fraudulent, counterfeit, or altered; or
(11) Was found by the office or its agent to have used or attempted to use the driver's license or identification card of another person by representing it as his or her own license or identification card issued under § 27-16-805.
(b) The office is authorized to secure from all state agencies involved the necessary information to comply with the provisions of this section.
(c) (1) Upon denial, suspension, or revocation of the license of any person as authorized under this section, the office shall notify the licensee in writing.
(2) Any licensee desiring a hearing shall notify the office in writing within twenty (20) days after receipt of the denial, suspension, or revocation.
(3) A hearing officer appointed by the Director of the Department of Finance and Administration shall schedule a hearing in an office of the Revenue Division of the Department of Finance and Administration designated by the director for such hearings. The hearing shall be in the office in the county of residence of the licensee unless the director and licensee agree to another location for the hearing or agree that the hearing shall be held by telephone conference call.
(4) Based upon the evidence presented at the hearing, the hearing officer shall modify, rescind, or affirm the denial, suspension, or revocation of the license.
(d) Hearings conducted by the office under this section shall not be subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
History. Acts 1937, No. 280, § 30; Pope's Dig., § 6854; Acts 1967, No. 340, § 1; A.S.A. 1947, § 75-334; Acts 1987, No. 976, § 1; 1989, No. 193, § 7; 1993, No. 445, § 28; 1997, No. 1099, § 2; 2001, No. 744, § 1; 2001, No. 1057, § 1.
Amendments. The 2001 amendment by No. 744 substituted “after a” for “without a preliminary” in the introductory language in (a); substituted “Is any” for “Any” in (a)(9); and added (a)(10) and (a)(11).
The 2001 amendment by No. 1057 rewrote (c)(3).
Cross References. Revocation of operator's license for any motor-driven cycle, § 27-20-113.
Case Notes
Evidence was sufficient for a conviction of driving with a suspended license pursuant to § 5-65-105 where defendant admitted to the police officer that had stopped him that he knew his license was suspended and the state produced a certified driving record at trial indicating that defendant's license was suspended for a DWI that had occurred in December 2002. Gorman v. State, 366 Ark. 82, - S.W.3d - (2006).