19A NCAC 03F .0602       ADMINISTRATIVE FINANCIAL RESPONSIBILITY HEARINGS

(a)  Any person who has received notice of a driver's license suspension due to an motor vehicle accident for failure to file proof of financial responsibility may request a hearing.

(b)  Request for a hearing shall be made in writing to the Division within 15 days from the date shown on the proposed suspension order.

(c)  The receipt of a request for hearing shall extend the original effective date of the suspension order for 30 days or until the hearing is held, whichever is later.

(d)  The petitioner shall furnish the Division with a statement of the circumstances of the accident in which his or her vehicle was involved, grounds relied upon to exonerate him or her from suspension, and a certified copy of any traffic court judgment related to the accident. This information shall be received at the Division at least five days prior to the date fixed for hearing.

(e)  If the hearing officer establishes that liability insurance was in effect on the date of the accident, or that the petitioner has assumed financial responsibility for the damages in the accident, the officer shall rescind the Division's prior notice of revocation.

History Note:        Authority G.S. 20-39; 20-279.2; 20-279.5;

Eff. November 1, 1991;

Amended Eff. December 1, 1993;

Readopted Eff. June 1, 2021.