§ 31-10-42. Hearing on denial, suspension, or revocation of driver’s school or instructor’s licenses — Review.
(a) The administrator of the division of motor vehicles shall notify an applicant for a driver’s school or instructor’s license of the denial of his or her application and a licensee of the proposed suspension or revocation of his or her license by mailing to the applicant or licensee, postage prepaid, a written notice stating the ground or grounds for the denial or proposed suspension or revocation and designating the place and a time not less than five (5) days later for a hearing thereon before the administrator of the division of motor vehicles, if a hearing is requested by the applicant or licensee. The administrator of the division of motor vehicles may adopt reasonable rules and regulations governing the procedure to be followed in any matter that may come before him or her for hearing, may administer oaths, subpoena and examine witnesses, compel the production of documents and other evidence, take depositions of witnesses residing without the state, and order payment of witness fees and mileage, all in the same manner as in civil actions in the superior court. The administrator of the division of motor vehicles, however, shall not be bound by technical rules of evidence.
(b) Any person aggrieved by the denial of an application or the suspension or revocation of a license may, within thirty (30) days from the date the notice is mailed to that person, file in the supreme court a petition, duly verified, for a writ of certiorari, setting forth that the decision is illegal in whole or in part and specifying the grounds of illegality. Upon presentation of that petition, the court may allow a writ of certiorari directed to the administrator of the division of motor vehicles to review the decision of the administrator of the division of motor vehicles and shall prescribe in it the time within which return must be made. The allowance of the writ shall not stay proceedings upon the decision or the effect of them, but the court, upon application of the person aggrieved, may stay those proceedings or the effect of them.
History of Section.P.L. 1964, ch. 224, § 2.
Structure Rhode Island General Laws
Title 31 - Motor and Other Vehicles
Chapter 31-10 - Operators’ and Chauffeurs’ Licenses
Section 31-10-1. - License required to drive.
Section 31-10-2. - Persons exempt from licensing requirements.
Section 31-10-3. - Persons ineligible for licenses.
Section 31-10-4. - Classification of chauffeurs — Examination of applicants.
Section 31-10-5. - Special restrictions for drivers for compensation.
Section 31-10-5.1. - School bus driver annual training.
Section 31-10-6. - Graduated licensing for person under the age of eighteen (18).
Section 31-10-6.1. - Supervising driver.
Section 31-10-6.2. - Out-of-state exceptions.
Section 31-10-6.3. - Duration and fee.
Section 31-10-6.4. - Violations.
Section 31-10-6.5. - Insurance status.
Section 31-10-7. - Temporary driver’s permit — Persons over the age of eighteen (18).
Section 31-10-8. - Special armed forces operator’s license.
Section 31-10-9. - Operator’s license issued after expiration of armed forces license.
Section 31-10-10. - Rules as to armed forces license.
Section 31-10-11. - Application forms — Destruction of refused applications.
Section 31-10-12. - Contents of application.
Section 31-10-13. - Record from other jurisdiction.
Section 31-10-14. - Applications of minors.
Section 31-10-15. - Liability of person signing minor’s application.
Section 31-10-16. - Liability when minor proves financial responsibility.
Section 31-10-17. - Release from liability.
Section 31-10-18. - Cancellation of license upon death of person signing minor’s application.
Section 31-10-20. - Driver education course requirement before licensing.
Section 31-10-21. - Written and eye examination.
Section 31-10-22. - Road test.
Section 31-10-23. - Examiners not liable for acts of persons being examined.
Section 31-10-24. - Applicants excused from road test.
Section 31-10-26. - Issuance of license.
Section 31-10-26.1. - Anatomical gifts by drivers.
Section 31-10-27. - License to be carried and exhibited on demand.
Section 31-10-28. - Restricted licenses.
Section 31-10-29. - Duplicate certificates.
Section 31-10-30. - Expiration and renewal of licenses.
Section 31-10-32. - Notice of change of address or name.
Section 31-10-33. - Records to be kept by the division of motor vehicles.
Section 31-10-34 - — 31-10-34.4. Repealed.
Section 31-10-34.5. - Transfer of functions to administrator of division of motor vehicles.
Section 31-10-35. - Commercial drivers’ school license required.
Section 31-10-36. - Application for commercial drivers’ school license.
Section 31-10-37. - Fee — Expiration of license — Duplicates.
Section 31-10-38. - Denial, suspension, or revocation of commercial drivers’ school licenses.
Section 31-10-39. - Instructor’s license required.
Section 31-10-40. - Fee — Expiration of instructor’s license.
Section 31-10-41. - Denial, suspension, or revocation of instructor’s license.
Section 31-10-43. - Penalties for violations.
Section 31-10-44. - Medical advisory board.
Section 31-10-45. - Safety belts.
Section 31-10-46. - Driver education course — Credit given.
Section 31-10-47. - Notification of selective service registration requirement.
Section 31-10-48. - Veteran designation on operator license.