Administrative License Revocation - Administrative Suspension Hearing

Administrative Suspension Hearing

Assuming the license holder makes the demand for a hearing within the statutory period, a hearing is scheduled. The nature of these vary considerably from state to state. In some states, the hearing takes place in court before a judge. More commonly, however, an administrative hearing will be conducted by the state's department of motor vehicles. The procedures for these administrative hearings vary as well. In some, the hearing will be presided over by an Administrative Law Judge (ALJ), the state's case will be presented by a prosecutor, and the officer will be required to testify. In a growing number of others, such as California, the role of "judge" and "prosecutor" are filled by one person—a DMV employee with no legal training—and the DMV's case can consist of no more than the arrest report; if the licensee wishes to cross-examine the officer, he must subpoena him and pay for his salary.