California
Vehicle Code VC 13371 - Denial, Suspension, or Revocation: Request and Scope of
Hearing.13371. This section applies to schoolbus, school pupil activity
bus, youth bus, general public paratransit vehicle certificates, and a certificate
for a vehicle used for the transportation of developmentally disabled persons. (a)
Any driver or applicant who has received a notice of ( )1 refusal,
suspension, or revocation, may, within 15 days ( )2 after
the mailing date, submit to the department a written request for a hearing. Failure
to demand a hearing within 15 days is a waiver of the right to a hearing. (1)
Upon receipt by the department of the hearing request, the department may stay
the action until a hearing is conducted and the final decision has been rendered
by the Certificate Action Review Board pursuant to paragraph (2) of subdivision
(d). The department shall not stay an action when there is reasonable cause to
believe the stay would pose a significant risk to the safety of pupils being transported
in a schoolbus, school pupil activity bus, youth bus, or persons being transported
in a general public paratransit vehicle. (2) An applicant or driver is not
entitled to a hearing whenever the action by the department is made mandatory
by this ( )3 article or any other applicable
law or regulation except where the cause for ( )1 refusal
is based on failure to meet medical standards or excessive and habitual use of
or addiction to alcoholic beverages, narcotics, or dangerous drugs. (b)
The department shall appoint a hearing officer to conduct the hearing in accordance
with Section 14112. After the hearing, the hearing officer shall prepare and submit
findings and recommendations to the department. (c) The department shall
mail, as specified in Section 22, a copy of the hearing officer's findings and
recommendations to the driver or applicant and to the driver or applicant's hearing
representative, either of whom may file a statement of exception to the findings
and recommendations within 24 days after the mailing date. (d) (1) The Certificate
Action Review Board consists of the following three members: a chairperson appointed
by the director of the department, a member appointed by the Commissioner of the
California Highway Patrol, and a member appointed by the Superintendent of Public
Instruction. (2) After a hearing, the board shall review the findings and
recommendations of the hearing officer, and any statement of exception, and make
a decision concerning disposition of the action taken by the department, which
decision shall be final. At this stage, no evidence shall be heard that was not
presented at the hearing, unless the person wishing to present the new evidence
establishes, to the satisfaction of the board, that it could not have been obtained
with due diligence prior to the hearing. Amended Sec. 60, Ch. 877, Stats.
1998. Effective January 1, 1999.
Amended Sec. 3, Ch. 66, Stats. 2005. Effective
January 1, 2006.
The 2005 amendment added the italicized material, and at
the point(s) indicated, deleted the following: - “denial”
- “of”
- “Article”
California
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