Section 1340-01-04-.07 - SUSPENSION OF DRIVER LICENSE FOR FAILING TO PASS OR SUBMIT TO RE-EXAMINATION(1) Upon receiving information that a driver may be unable to safely operate a motor vehicle or is otherwise not qualified to be licensed, the Department may require the driver to submit to a driver re-examination and/or submit other information as deemed appropriate within thirty (30) days of receipt of said information. Such notice shall also inform the driver that he/she may request an administrative hearing within thirty (30) days from the date of the notice. If a driver fails to submit to re-examination, submit other appropriate information, or request a hearing within the required timeframe, the Department shall suspend the driver's driving privileges.(2) Periodic re-examinations may be required, such as once a year, in the case of mental or physical conditions.(3) A driver required to undergo re-examination by the Department may take the written and/or vision portion of the driver examination test without limitation. If the driver fails the written portion, there may be a seven (7) day waiting period between each retest.(4) A driver required to undergo re-examination by the Department may take the on-the-road skills portion of the driver examination test three (3) times at thirty (30) day intervals. If successful, driving privileges shall be reinstated. If the driver does not pass on-the-road skills portion in three (3) attempts or less, the driver shall not be eligible to re-test for six (6) months from the date of the third test. If the driver does not pass the re-test(s) taken after waiting the six (6) month period, the driver shall not be eligible to re-test for twelve (12) months from the date of the last driver examination.(5) Drivers with a commercial driver license may be required to submit to re-examination in their commercial vehicle or school bus. If the driver fails the re-examination in the driver's commercial vehicle or school bus but wishes to downgrade to a Class D license, the driver may do so after successfully passing a complete examination in their personal vehicle.(6) Drivers who fail to submit to re-examination within thirty (30) days of written notification as required, or who fail to pass any part of the re-examination, or who do not ask for an administrative hearing within thirty (30) days of written notification shall have their driving privileges suspended until such time as they comply with the re-examination requirement.(7) Any driver required by the Department to undergo re-examination shall be notified that the driver may request an administrative hearing, provided such request is submitted in writing within thirty (30) days after the date of the written notice. Upon receipt of a request for an administrative hearing, the Department shall provide the driver a hearing before a hearing officer.(8) Any driver whose driving privilege is suspended under the Driver Improvement Program may appeal the suspension through the appeals process contained in the Uniform Administrative Procedures Act (T.C.A. § 4-5-101 et seq.).Tenn. Comp. R. & Regs. 1340-01-04-.07
Repeal of and new rule filed March 12, 1986; effective June 14, 1986. Repeal and new rule filed August 5, 1996; effective December 27, 1996. Amendments filed April 18, 2005; effective August 26, 2005. Amendment filed March 26, 2014; effective 8/29/2014.Authority: T.C.A. §§ 55-50-202, 55-50-303, 55-50-322, 55-50-502, and 55-50-505.