Notice of administrative revocation; contents
HRS §291E-34
in effect291E-34. Notice of administrative revocation; contents
(a) The notice of administrative revocation shall provide, at a minimum and in clear language, the following general information relating to administrative revocation:
(1) The statutory authority for administrative
revocation;
(2) An explanation of the distinction between
administrative revocation and a suspension or revocation imposed under section
291E-61 or 291E-61.5; and
(3) That criminal charges filed pursuant to section
291E-61 or 291E-61.5 may be prosecuted concurrently with the administrative
action.
(b) The notice, when completed by the law
enforcement officer and issued to the respondent, shall contain at a minimum
the following information relating to the incident that gives rise to the
issuance of the notice of administrative revocation:
(1) Information identifying the respondent;
(2) The specific violation for which the respondent
was arrested;
(3) The date issued and the date the administrative
revocation is scheduled to go into effect;
(4) The expiration date of the temporary permit; and
(5) That the issuance of the notice of administrative
revocation will be administratively reviewed.
(c) The notice shall provide, at a minimum,
the following information relating to the administrative review:
(1) That the review is automatic;
(2) That the respondent, within three days of the
issuance of the notice of administrative revocation in the case of an alcohol
related offense and within seventeen days of the issuance of the notice of
administrative revocation in the case of a drug related offense, may submit
written information demonstrating why the respondent's license and privilege to
operate a vehicle should not be administratively revoked;
(3) The address or location where the respondent may
submit the information;
(4) That the respondent is not entitled to be present
or represented at the administrative review; and
(5) That the administrative review decision shall be
mailed to the respondent:
(A) No later than eight days after the date
of the issuance of the notice of administrative revocation in the case of an
alcohol related offense; and
(B) No later than twenty-two days after the
date of the issuance of the notice of administrative revocation in the case of
a drug related offense.
(d) The notice shall state that, if the
respondent's license and privilege to operate a vehicle is not administratively
revoked after the review, the respondent's license shall be returned, unless a
subsequent alcohol or drug enforcement contact has occurred, along with a
certified statement that the administrative revocation proceedings have been
terminated.
(e) The notice shall state that, if the
respondent's license and privilege to operate a vehicle is administratively
revoked after the review, a decision shall be mailed to the respondent, or to
the parent or guardian of the respondent if the respondent is under the age of
eighteen, that shall contain, at a minimum, the following information:
(1) The reasons why the respondent's license and
privilege to operate a vehicle is administratively revoked;
(2) That the respondent may request the director,
within six days of the date the decision is mailed, to schedule an
administrative hearing to review the administrative revocation;
(3) That, if the respondent's request for an
administrative hearing is received by the director within six days of the date
the decision was mailed, the hearing shall be scheduled to commence:
(A) No later than twenty-five days after the
date of the issuance of the notice of administrative revocation in the case of
an alcohol related offense; and
(B) No later than thirty-nine days after the
date of the issuance of the notice of administrative revocation in the case of
a drug related offense;
(4) The procedure to request an administrative
hearing;
(5) That failure to request an administrative hearing
within the time provided shall cause the administrative revocation to take
effect for the period and under the conditions established by the director in
the decision;
(6) That the respondent may regain the right to a
hearing by requesting the director, within sixty days after the issuance of the
notice of administrative revocation, to schedule a hearing;
(7) That the director shall schedule the hearing to
commence no later than thirty days after a request under paragraph (6) is
received, but that, except as provided in section 291E-38(j), the temporary
permit shall not be extended if the respondent fails to request an
administrative hearing within the initial six-day period provided for that
purpose;
(8) That failure to attend the hearing shall cause
the administrative revocation to take effect for the period and under the
conditions indicated;
(9) The duration of the administrative revocation and
other conditions that may be imposed, including: referral to the driver's
education program for an assessment of the respondent's substance abuse or
dependence and the need for treatment; and
(10) That the respondent shall obtain an ignition
interlock permit in order to operate a vehicle during the revocation period if
the respondent had a valid license at the time of the arrest.
(f) The notice shall provide, at a minimum,
the following information relating to administrative hearings:
(1) That the respondent shall have six days from the
date the administrative review decision was mailed to request that an
administrative hearing be scheduled;
(2) That a request for an administrative hearing and
payment of a $30 fee, unless waived pursuant to section 291E‑39, shall
entitle the respondent to review and copy, prior to the hearing, all documents
that were considered at the administrative review, including the arrest report
and the sworn statements;
(3) That the respondent may be represented by an
attorney, submit evidence, give testimony, and present and cross-examine
witnesses;
(4) That, in cases where the respondent is under the
age of eighteen, a parent or guardian must be present; and
(5) That a written decision shall be mailed no later
than five days after completion of the hearing.
(g) The notice shall state that, if the
administrative revocation is reversed after the hearing, the respondent's
license shall be returned, along with a certified statement that the
administrative revocation proceedings have been terminated.
(h) The notice shall state that, if the
administrative revocation is sustained at the hearing, a written decision shall
be mailed to the respondent, or to the parent or guardian of the respondent if
the respondent is under the age of eighteen, that shall contain, at a minimum,
the following information:
(1) The effective date of the administrative
revocation;
(2) The duration of the administrative revocation;
(3) Other conditions that may be imposed by law,
including the use of an ignition interlock device; and
(4) The right to obtain judicial review.
(i) The notice shall state that failure of the
respondent, or of the parent or guardian of the respondent if the respondent is
under the age of eighteen, to attend a scheduled hearing shall cause the
administrative revocation to take effect as provided in the administrative
review decision.
[L 2000, c 189, pt of §23; am L 2001, c 157, §15; am L 2004, c
90, §9; am L 2006, c 64, §4; am L 2008, c 171, §5; am L 2009, c 88, §13; am L
2010, c 166, §13; am L 2012, c 327, §11]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0291E/HRS_0291E-0034.htmFetched: 11/10/2026