Section 37-03-05-03 - Notice of hearing - Matters consideredIf a driver makes a written request for a hearing as specified in North Dakota Century Code section 39-06-33, the director shall send a notice of hearing to the driver specifying the time, date, and place for such hearing. The date set for such hearing shall be within sixty days, but not earlier than five days, after the request for the hearing has been received, unless otherwise agreed to by both the director and the person requesting such hearing. The decision in the matter must be made within thirty days of the completion of the hearing. The notice shall further specify that the matters considered at the hearing will be confined to the following:
1. Whether the accident resulted in bodily injury or death, or damage to the property of any one person in excess of the amount specified in North Dakota Century Code section 39-08-09; 2. Whether the accident involved circumstances to which the financial responsibility requirements and suspension do not apply; 3. Whether the possibility exists that liability for bodily injuries or death, or property damage in excess of one thousand dollars could be imposed against the driver; 4. If the possibility exists that liability may be imposed against the driver, the dollar amount of the potential liability and manner in which that amount may be secured by the driver in order to maintain the driver's license, or nonresident's operating privileges; and 5. Any other material matter relating to the suspension of the license deemed appropriate by the driver. If a hearing is conducted with respect to a proposed suspension, the director shall give notice of the decision by mail to the driver.
N.D. Admin Code 37-03-05-03
Effective January 1, 1979; amended effective July 1, 1981; May 1, 1994; January 1, 2006.General Authority: NDCC 28-32-02, 39-16-02
Law Implemented: NDCC 39-16-05