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27-16-909. Suspension or revocation of license for inability to drive.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-16-909. Suspension or revocation of license for inability to drive.
(a)(1) The Office of Driver Services, having good cause to believe that a licensed driver is incompetent or otherwise not qualified to be licensed, may, upon written notice of at least five (5) days to the licensee, require the licensee to submit to an initial evaluation by a hearing officer appointed by the Secretary of the Department of Finance and Administration in an office of the Revenue Division of the Department of Finance and Administration designated by the secretary.
(2)(A) Upon the conclusion of the initial evaluation, the hearing officer shall determine:
(i) That the initial evaluation does not support the suspension or revocation of the license and that the license shall remain in effect; or
(ii) That the driver must submit to a medical evaluation, a driving skills evaluation, or both a medical evaluation and a driving skills evaluation.
(B) If the hearing officer determines that the driver must submit to a medical evaluation, driving skills evaluation, or both a medical evaluation and a driving skills evaluation, the driver shall provide proof of completion of the evaluation or evaluations to the hearing officer within thirty (30) days of the initial evaluation.
(C) Refusal or neglect of the licensee to submit to, and provide proof of completion of, an evaluation required under this section is grounds for suspension or revocation of the licensee's license.
(b) Upon receipt by the Office of Driver Services of evaluations required under subsection (a) of this section, the Office of Driver Services may suspend or revoke the license of the person or may permit the person to retain his or her license or may issue a license subject to restrictions as permitted under § 27-16-804.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-16-909
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:27-16-909
Source file: gov.ar.code.title.27.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 2a767a9110ed857aeec4594d32ab44062d0735f4637b9ed3575619d331598c5d
Source location: content.xml paragraph 6940
Stored source content
27-16-909. Suspension or revocation of license for inability to drive.
(a)(1) The Office of Driver Services, having good cause to believe that a licensed driver is incompetent or otherwise not qualified to be licensed, may, upon written notice of at least five (5) days to the licensee, require the licensee to submit to an initial evaluation by a hearing officer appointed by the Secretary of the Department of Finance and Administration in an office of the Revenue Division of the Department of Finance and Administration designated by the secretary.
(2)(A) Upon the conclusion of the initial evaluation, the hearing officer shall determine:
(i) That the initial evaluation does not support the suspension or revocation of the license and that the license shall remain in effect; or
(ii) That the driver must submit to a medical evaluation, a driving skills evaluation, or both a medical evaluation and a driving skills evaluation.
(B) If the hearing officer determines that the driver must submit to a medical evaluation, driving skills evaluation, or both a medical evaluation and a driving skills evaluation, the driver shall provide proof of completion of the evaluation or evaluations to the hearing officer within thirty (30) days of the initial evaluation.
(C) Refusal or neglect of the licensee to submit to, and provide proof of completion of, an evaluation required under this section is grounds for suspension or revocation of the licensee's license.
(b) Upon receipt by the Office of Driver Services of evaluations required under subsection (a) of this section, the Office of Driver Services may suspend or revoke the license of the person or may permit the person to retain his or her license or may issue a license subject to restrictions as permitted under § 27-16-804.
(c)(1) The Office of Driver Services shall notify the licensee in writing of the suspension or revocation of the driver's license as authorized under this section.
(2) Any licensee desiring a hearing shall notify the Office of Driver Services in writing within twenty (20) days after receipt of the notice of suspension or revocation.
(3)(A) A hearing officer appointed by the secretary shall schedule a hearing in an office of the Revenue Division designated by the secretary for hearings under this section.
(B) The hearing shall be in the office of the Revenue Division in the county of residence of the licensee unless the secretary and licensee agree to another location for the hearing or agree that the hearing shall be held by telephone conference call.
(4) Based upon the evidence presented at the hearing, the hearing officer shall modify, rescind, or affirm the suspension or revocation of the license.
(5) Hearings conducted by the Office of Driver Services under this section are not subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
(d)(1) The Office of Driver Services shall not reinstate the license of a person suspended under this section unless the driver demonstrates to the Office of Driver Services that the driver is competent to operate a motor vehicle.
(2) The Office of Driver Services shall not grant an application for a new license to a driver whose license has been revoked under this section unless the driver demonstrates to the Office of Driver Services that the driver is competent to operate a motor vehicle.
(e) The secretary may promulgate rules for the orderly and efficient administration of this section.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Arkansas Code — all titles (historical 2020) · legal_authorities
25-15-201. Title.
This subchapter shall be known and cited as the “Arkansas Administrative Procedure Act”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-15-201
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 25-15-201. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-16-804. Restricted licenses, learner's licenses, and intermediate licenses — Definitions.
(a) The Office of Driver Services, upon issuing any driver's license, shall have authority, whenever good cause appears, to impose restrictions suitable to the licensee's driving ability with respect to the type of or special mechanical control devices required on a motor vehicle which the licensee may operate or other restrictions applicable to the licensee as the office may determine to be appropriate to assure the safe operation of a motor vehicle by the licensee.
(b)(1) The office may either issue a special restricted license or may set forth restrictions upon the usual license form.
(2)(A)(i) Upon the showing of need, the office may waive any age restriction set forth in this chapter.
(ii) However, every driver under eighteen (18) years of age is at a minimum subject to the restrictions set out in subdivision (b)(2)(B) of this section.
(B)(i) A license shall be issued only to an applicant with a valid instruction permit or learner's license who:
(a) Is at least fourteen (14) years of age; and
(b) Has remained free of a serious accident and conviction of a serious traffic violation for at least the previous six (6) months.
(ii) A driver shall operate the motor vehicle on the public streets and highways only when each passenger in the vehicle wears his or her seat belts.
(iii) The driver shall not use a cellular telephone device or other interactive wireless communication device while operating a motor vehicle except for an emergency purpose. As used in this subdivision (b)(2)(B)(iii), “emergency purpose” means the driver:
(a) Has reason to fear for his or her life, safety, or property;
(b) Reasonably believes that a criminal act may be perpetrated again
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-16-804
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 27-16-804. This identifies an authority to review, not proof of applicability.