Ind. Admin. Code tit. 140, r. 1-9-4 – Procedure for administrative hearing

Sec. 4. (a) This section applies only to a suspension or revocation under section 1(1) or 1(2) of this rule.

(b) A person whose driving privileges, driver's license or permit, certificate of registration, license plate, or certificate of title are suspended or revoked under section 1(1) or 1(2) of this rule may request an administrative review of the action and is entitled to a hearing if a request for administrative review is made. The request for review must be received within eighteen (18) days of the date of the notice under this section.

(c) A person requesting a review under this section must submit all documents and information relevant to the determination at the hearing.

(d) When conducting a review of a suspension or revocation under this section, the administrative law judge may consider all relevant matters, including, but not limited, to the following:

(1) The person's age at the time of the fraud or misrepresentation.
(2) The passage of time since the fraud or misrepresentation.
(3) The person's purported intent.
(4) The person's cooperation with the bureau and other law enforcement.
(5) The results of any criminal prosecution that resulted from the fraud or misrepresentation.
(6) The hardship imposed on the person by suspension.
(7) The likelihood that the person will participate in additional fraudulent activity or misrepresentations.
(8) Whether, and to what extent, the person's privileges were suspended or rendered invalid at the time of the determination.
(9) Any other factor relevant to the determination of an action under IC 9-14-8-3.

(e) Upon receipt of a timely request for a review under this section, the bureau shall stay the suspension or revocation under IC 9-14-8- 3 pending a determination, unless otherwise required by law.

(Bureau of Motor Vehicles; 140 IAC 1-9-4; filed Dec 22, 2014, 4:00 p.m.: 20150121-IR-140140101FRA; readopted filed May 6, 2021, 9:11 a.m.: 20210602-IR- 140210126RFA; filed Feb 9, 2022, 3:34 p.m.: 20220309-IR-140210460FRA)