§ 31-10-42 - Hearing on denial, suspension, or revocation of driver's school or instructor's licenses – Review. - Rhode Island Statutes

SECTION 31-10-42

   § 31-10-42  Hearing on denial, suspension,or revocation of driver's school or instructor's licenses – Review. –(a) The administrator of the division of motor vehicles shall notify anapplicant for a driver's school or instructor's license of the denial of his orher application and a licensee of the proposed suspension or revocation of hisor her license by mailing to the applicant or licensee, postage prepaid, awritten notice stating the ground or grounds for the denial or proposedsuspension or revocation and designating the place and a time not less thanfive (5) days later for a hearing thereon before the administrator of thedivision of motor vehicles, if a hearing is requested by the applicant orlicensee. The administrator of the division of motor vehicles may adoptreasonable rules and regulations governing the procedure to be followed in anymatter that may come before him or her for hearing, may administer oaths,subpoena and examine witnesses, compel the production of documents and otherevidence, take depositions of witnesses residing without the state, and orderpayment of witness fees and mileage, all in the same manner as in civil actionsin the superior court. The administrator of the division of motor vehicles,however, shall not be bound by technical rules of evidence.

   (b) Any person aggrieved by the denial of an application orthe suspension or revocation of a license may, within thirty (30) days from thedate the notice is mailed to that person, file in the supreme court a petition,duly verified, for a writ of certiorari, setting forth that the decision isillegal in whole or in part and specifying the grounds of illegality. Uponpresentation of that petition, the court may allow a writ of certioraridirected to the administrator of the division of motor vehicles to review thedecision of the administrator of the division of motor vehicles and shallprescribe in it the time within which return must be made. The allowance of thewrit shall not stay proceedings upon the decision or the effect of them, butthe court, upon application of the person aggrieved, may stay those proceedingsor the effect of them.