1. At any time during which the license, permit or privilege to drive is suspended pursuant to NRS 483.462, the person may request in writing a 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 Administrator or an agent thereof 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 less than 21 years of age; and
(b) Had a concentration of alcohol of 0.02 or more but less than 0.08 in his or her blood or breath.
5. The Department shall issue the person a temporary 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 shall 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 Otherwise, the order of suspension must be rescinded.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. The court shall notify the Department upon issuing a stay. Upon receiving such notice, the Department shall issue an additional temporary license for a period that is sufficient to complete the judicial review.
9. The hearing officer or the court shall notify the Department if the hearing officer grants a continuance of the administrative hearing or the court grants a continuance after issuing a stay of the suspension. Upon receiving such notice, the Department shall cancel any temporary license granted pursuant to this section and notify the holder by mailing an order of cancellation to the last known address of the holder.
(Added to NRS by 1997, 3046; A 1999, 2450; 2003, 2559)
1. At any time during which the license, permit or privilege to drive is suspended pursuant to NRS 483.462, the person may request in writing a 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 Administrator or an agent thereof 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 less than 21 years of age; and
(b) Had a concentration of alcohol of 0.02 or more but less than 0.10 in his or her blood or breath.
5. The Department shall issue the person a temporary 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 shall 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. The court shall notify the Department upon issuing a stay. Upon receiving such notice, the Department shall issue an additional temporary license for a period that is sufficient to complete the judicial review.
9. The hearing officer or the court shall notify the Department if the hearing officer grants a continuance of the administrative hearing or the court grants a continuance after issuing a stay of the suspension. Upon receiving such notice, the Department shall cancel any temporary license granted pursuant to this section and notify the holder by mailing an order of cancellation to the last known address of the holder.
(Added to NRS by 1997, 3046; A 1999, 2450; 2003, 2559, effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State)
Structure Nevada Revised Statutes
Chapter 483 - Drivers’ Licenses; Driving Schools and Driving Instructors
NRS 483.030 - "Administrator" defined.
NRS 483.035 - "Border state employee" defined.
NRS 483.040 - "Cancellation" and "cancelled" defined.
NRS 483.063 - "Driver" defined.
NRS 483.064 - "Driver authorization card" defined.
NRS 483.065 - "Driver’s license" defined.
NRS 483.067 - "Electric bicycle" defined.
NRS 483.070 - "Farm tractor" defined.
NRS 483.075 - "Foreign exchange student" defined.
NRS 483.080 - "Highway" defined.
NRS 483.081 - "International instructor" defined.
NRS 483.082 - "International student" defined.
NRS 483.083 - "License" defined.
NRS 483.085 - "Licensee" defined.
NRS 483.088 - "Moped" defined.
NRS 483.090 - "Motor vehicle" defined.
NRS 483.100 - "Nonresident" defined.
NRS 483.115 - "Out-of-state student" defined.
NRS 483.120 - "Owner" defined.
NRS 483.125 - "Photograph" defined.
NRS 483.135 - "Premises to which the public has access" defined.
NRS 483.141 - "Resident" defined.
NRS 483.150 - "Revocation" defined.
NRS 483.160 - "School bus" defined.
NRS 483.165 - "State" defined.
NRS 483.170 - "Street" defined.
NRS 483.180 - "Suspension" defined.
NRS 483.190 - "Vehicle" defined.
NRS 483.200 - Employment of examiners and other employees; duties of examiners.
NRS 483.205 - Medical Board: Appointment; duties.
NRS 483.240 - Exemptions from licensing.
NRS 483.250 - Issuance of license to certain persons prohibited; exceptions.
NRS 483.289 - Application for license or instruction permit: Choice of statutory provisions.
NRS 483.2925 - Designation of veteran status on license or permit; duties of Department.
NRS 483.300 - Signing and verification of application of minor by responsible person; liability.
NRS 483.310 - Release from liability upon cancellation of minor’s license.
NRS 483.320 - Cancellation of license upon death of person signing minor’s application.
NRS 483.350 - License to be carried and surrendered upon demand; limitation on conviction.
NRS 483.360 - Restricted license; procedure for suspension or revocation; penalty.
NRS 483.370 - Duplicate or substitute permit or license.
NRS 483.375 - Change of full legal name on license: Requirements; circumstances when permitted; fee.
NRS 483.382 - Renewal of license: Notice to licensee; additional tests.
NRS 483.383 - Renewal of license: Procedure for renewal by mail; regulations.
NRS 483.390 - Notice of change of address.
NRS 483.410 - Fees and penalties: Amounts, payment and disposition.
NRS 483.415 - Additional fee; deposit in Highway and Safety Administrative Account; use of money.
NRS 483.4193 - "Ignition interlock device" defined.
NRS 483.4194 - "Ignition interlock privilege" defined.
NRS 483.420 - Authority of Department to cancel license.
NRS 483.440 - Suspension or revocation of license or privilege upon conviction in another state.
NRS 483.445 - Suspension or revocation of license of member of Armed Forces.
NRS 483.477 - Attendance at school for training drivers upon suspension.
NRS 483.500 - Surrender and reissuance of license upon suspension or revocation.
NRS 483.505 - Voluntary surrender of license; reissuance.
NRS 483.520 - Judicial review.
NRS 483.630 - Uniformity of interpretation.
NRS 483.700 - License required.
NRS 483.710 - Requirements for licensure as operator of school.
NRS 483.720 - Requirements for licensure as instructor for school.
NRS 483.723 - Minimum age for training; exceptions.
NRS 483.730 - Licenses: Issuance; term; renewal; training; exception.
NRS 483.740 - Liability insurance.
NRS 483.750 - Maintenance of vehicles.
NRS 483.755 - Books and records: Location; inspection and copying; retention.
NRS 483.760 - Grounds for refusal to issue or cancellation, revocation or suspension of license.
NRS 483.810 - Legislative findings and declaration.
NRS 483.820 - Persons entitled to card; fees.
NRS 483.830 - Duties of Director.
NRS 483.853 - Designation of veteran status on card; duties of Department.
NRS 483.860 - Proof of full legal name and age; regulations; consular identification cards.
NRS 483.8605 - Change of full legal name on card: Requirements; circumstances when permitted; fee.
NRS 483.867 - Placement of designation on card issued to person who is seasonal resident.
NRS 483.870 - Validity of card; surrender of card; report of change of information or loss of card.
NRS 483.880 - Duplicate card; return of original.
NRS 483.890 - Unlawful acts; penalty.
NRS 483.906 - Authority of Department.
NRS 483.908 - Adoption of regulations.
NRS 483.910 - Schedule of fees.
NRS 483.916 - Release of information regarding driver’s record.
NRS 483.920 - Effect of convictions entered in other states.
NRS 483.924 - Restrictions on driving commercial motor vehicle on highways of Nevada.
NRS 483.927 - Designation of veteran status on license; duties of Department.
NRS 483.930 - Transfer of license issued in another jurisdiction.
NRS 483.934 - Issuance of license or learner’s permit to nonresidents prohibited; exception.