55-50-512 - Minors withdrawn from secondary school Revocation hearing. - Tennessee Statutes

55-50-512. Minors withdrawn from secondary school Revocation hearing.

(a)  Any person who has received a notice of revocation may make a written request for a review of the department's determination by the department at a hearing. The request shall be made on a form available from the department. If the person's driver license has not been previously surrendered, it must be surrendered at the time the request for a hearing is made. A request for a hearing does not stay the license revocation.

(b)  The hearing shall be scheduled to be held as quickly as practicable within not more than twenty (20) days of the filing of the request for a hearing. The hearing shall be held at a place designated by the department, unless the parties agree to a different location. The department shall provide a written notice of the time and place of the hearing to the party requesting the hearing at least ten (10) days prior to the scheduled hearing, unless the parties agree to waive this requirement.

(c)  The presiding hearing officer shall be the commissioner or an authorized representative designated by the commissioner. The presiding hearing officer shall have the authority to:

     (1)  Administer oaths and affirmations;

     (2)  Examine witnesses and take testimony;

     (3)  Receive relevant evidence;

     (4)  Issue subpoenas, take depositions, or cause depositions or interrogatories to be taken;

     (5)  Regulate the course and conduct of the hearing; and

     (6)  Make a final ruling on the issue.

(d)  The sole issue at the hearing shall be whether by a preponderance of the evidence the person has withdrawn from school or has failed to maintain satisfactory academic progress. If the presiding hearing officer finds in the affirmative on this issue, the revocation order shall be sustained. If the presiding hearing officer finds the negative on this issue, the revocation order shall be rescinded.

(e)  The hearing shall be recorded. The decision of the presiding hearing officer shall be rendered in writing, and a copy will be provided to the person who requested the hearing.

(f)  If the person who requested the hearing fails to appear without just cause, the right to a hearing shall be waived, and the department's earlier determination shall be final.

(g)  Witnesses under subpoena shall be entitled to the same fees as are now or may hereafter be provided for witnesses in civil actions in the circuit court and, unless otherwise provided by law or by action of the agency, the party requesting the subpoenas shall bear the cost of paying fees to the witnesses subpoenaed.

[Acts 1990, ch. 819, § 7; 1995, ch. 156, § 1; 1996, ch. 763, § 5; 1998, ch. 900, § 2.]