§ 671 - Procedure - Vermont Statutes

§ 671. Procedure

(a) In his or her discretion, the commissioner may suspend indefinitely or for a definite time, the license of an operator or the right of an unlicensed person to operate a motor vehicle upon not less than five days' notice. He or she may order the license delivered to him or her, whenever he or she has reason to believe that the holder thereof is an improper or incompetent person to operate a motor vehicle, or is operating improperly so as to endanger the public. If, upon receipt of such notice, the person so notified shall request a hearing, such suspension shall not take effect unless the commissioner, after hearing, determines that the suspension is justified. No less than six months from the date of suspension and each six months thereafter, a person upon whom such suspension has been imposed may apply for reinstatement of his or her license or right to operate or for a new license. Upon receipt of such application, the commissioner shall thereupon cause an investigation to be made and, if so requested, conduct a hearing to determine whether such suspension should be continued in effect.

(b) In his or her discretion, the commissioner may suspend for a period not exceeding 15 days the license of an operator, or the right of an unlicensed person to operate a motor vehicle, without hearing, whenever he or she finds upon full reports submitted by an enforcement officer or motor vehicle inspector that the safety of the public has been or will be imperiled as a result of the operation of a motor vehicle by such operator or unlicensed person.

(c) The commissioner shall not suspend the license of an operator, or the right of an unlicensed person to operate a motor vehicle while a prosecution for an offense under this title is pending against such person, unless he or she finds upon full reports submitted to him or her by an enforcement officer or motor vehicle inspector that the safety of the public will be imperiled by permitting such operator or such unlicensed person to operate a motor vehicle, or that such person is seeking to delay the prosecution, but if he or she so finds, he or she may suspend such license or right pending a final disposition of the prosecution.

(d) The commissioner shall not suspend the license of an operator, or the right of an unlicensed person to operate a motor vehicle for any cause which has constituted the subject matter of a prosecution in which the conviction of such person has not been obtained.

(e) The commissioner shall revoke licenses obtained fraudulently. The commissioner shall also revoke licenses when required by law, and such revocation shall not entitle the holder of such license to hearing.

(f) Hearings under the provisions of this section shall be held in accordance with the provisions of sections 105-107 of this title and at such time and place as the commissioner may determine. It shall be in the discretion of the commissioner to determine as to the granting to a petitioner therefor of hearings and subsequent hearing upon suspension orders issued under the provisions of subsections (b) and (c) of this section.

(g) Except as otherwise provided in this title, in his or her discretion, the commissioner may suspend for a definite time the license of an operator, or the right of an unlicensed person to operate a motor vehicle whenever such person has been convicted of an offense specified in this title or of any other offense, the commission of which he or she has reason to believe may involve the operation of a motor vehicle or may render the person guilty thereof an unfit person to operate a motor vehicle, but such suspension shall not be for a period in excess of the maximum term of imprisonment provided by statute for the offense involved. This subsection applies only to convictions prior to July 1, 1979. Suspensions under this subsection shall be based on the same criteria utilized by the commissioner prior to July 1, 1979. (Amended 1977, No. 238 (Adj. Sess.), § 2, eff. July 1, 1979; 1979, No. 79, § 1, eff. May 10, 1979; 1995, No. 112 (Adj. Sess.), § 10.)