(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.
Department: means the department of safety acting directly or through its duly authorized officers and agents. See Tennessee Code 55-50-102
Driver: means every person who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle. See Tennessee Code 55-50-102
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
Person: means every natural person, firm, copartnership, association or corporation. See Tennessee Code 55-50-102
Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
Subpoena: A command to a witness to appear and give testimony.
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(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. 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.
