NAC483.849. Suspension of license as result of certain concentration of alcohol: Hearing; temporary license; judicial review.

     1. At any time during which the driver’s license, permit or privilege to drive is suspended pursuant to NAC 483.8485, the person may request in writing an administrative hearing by the Department to review the order of suspension. A person is entitled to only one administrative hearing pursuant to this section.

     2. Unless the parties agree otherwise, the hearing must be conducted within 15 days after receipt of the request, or as soon thereafter as is practicable, in the county in which the requester resides.

     3. The Director of the Department or his or her agent may:

     (a) Issue subpoenas for:

          (1) The attendance of witnesses at the hearing; and

          (2) The production of relevant books and papers; and

     (b) Require a reexamination of the requester.

     4. The scope of the hearing must be limited to the issues of whether the person, at the time of the test:

     (a) Was in control of a commercial motor vehicle; and

     (b) Had a concentration of alcohol of 0.04 or more but less than 0.08 in the person’s blood or breath.

     5. The Department will issue to the person a temporary driver’s license of the same type and class as the license which was seized, if he or she holds a driver’s license for a period that is sufficient to complete the administrative hearing.

     6. Upon an affirmative finding on the issues listed in subsection 4, the Department will affirm the order of suspension. Otherwise, the order of suspension must be rescinded.

     7. If the order of suspension is affirmed by the Department, the person is entitled to judicial review of the issues listed in subsection 4 in the manner provided in chapter 233B of NRS.

     8. Upon receiving a notice from a court of competent jurisdiction that the court has issued a stay, the Department will issue an additional temporary driver’s license if the person holds a driver’s license for a period that is sufficient to complete the judicial review.

     9. Upon receiving a notice from:

     (a) A hearing officer that he or she has granted a continuance of the administrative hearing; or

     (b) A court of competent jurisdiction that the court has granted a continuance after issuing a stay of the suspension,

Ê the Department will cancel any temporary driver’s license granted pursuant to this section and notify the holder by mailing an order of cancellation to the last known mailing address of the holder.

     (Added to NAC by Dep’t of Motor Veh. by R062-02, eff. 9-20-2002; A by R069-03, 9-12-2003, eff. 9-23-2003; R123-07, 1-30-2008; R140-12, 12-20-2012, eff. 1-15-2013)