La. Admin. Code tit. 55 § III-113

Current through Register Vol. 50, No. 11, November 20, 2024

Section III-113 - Administrative Hearing Requests for Suspensions and Disqualifications Arising from Tests for Suspected Drunken Drivers

A. All administrative hearing requests in accordance with R.S.32:667 or R.S. 32:414.2, for suspensions or disqualification, based upon a submission, or refusal to submit, to the chemical test for intoxication, that are submitted to the Department of Public Safety & Corrections, Office of Motor Vehicles, shall be received by the close of business on the thirtieth day after the date of arrest, or shall be post-marked no later than 30 days from the date of arrest to be deemed timely.

B. In the event the arrested person was unable to make a timely request in regards to R.S.32:667 for an administrative hearing during the 30 day period due to incarceration, hospitalization, deployment to the military or due to a Gubernatorial Declaration of Emergency, the person may submit such documentation to the department, post-marked no later than 90 days from the date of arrest, which shall establish the persons inability to timely request the administrative hearing.

C. The written request for a hearing, or for an extension on a hearing request due to one of the above reason, together with the supporting documentation, shall be mailed to: Department of Public Safety and Corrections, Office of Motor Vehicles, Hearing Request, P. O. Box 64886, Baton Rouge, LA 70896-4886; or delivered to the Office of Motor Vehicle Headquarters, 7979 Independence Blvd., Baton Rouge, LA 70806.

D. Requests under this Section which are received by the Department of Public Safety and Corrections, Office of Legal Affairs within the time periods provided in Subsections A or B of this Section shall be deemed to be timely.

E. Requests under this section should not be sent directly to the Division of Administrative Law. Sending requests to the Division of Administrative Law may result in such request being untimely when delivered to the Department of Public Safety and Corrections, Office of Motor Vehicles.

La. Admin. Code tit. 55, § III-113

Filed by the Department of Public Safety, Office of Motor Vehicles, 1974, promulgated and amended by the Department of Public Safety and Corrections, Office of Motor Vehicles, LR 15:1093 (December 1989), Promulgated by the Department of Public Safety and Corrections, Office of Motor Vehicles, LR 442020 (11/1/2018).

AUTHORITY NOTE: Promulgated in accordance with R.S. 32:667(A).