- (a) A person requesting a hearing pursuant to Saf-C 2804.01 shall be notified, in the same manner as the person requested a hearing pursuant to Saf-C 2804.01(b) above, of the date, time and location of the hearing. A copy of the notification shall be mailed to the law enforcement officer who signed part V of form DSMV 426.
(b) The hearing shall be scheduled within 20 days from receipt of the request unless a continuance is requested as follows:
- (1) A request for a continuance shall be granted subject to the provisions of Saf-C 203.06;
- (2) The request for a continuance by the person shall not delay, postpone or otherwise interrupt the effective date of the suspension; and
- (3) The request for a continuance by the law enforcement officer shall mean the person’s driver license or driving privilege shall be restored, if otherwise eligible, until the next scheduled hearing date or for a period of 21 days, whichever occurs first.
- (c) Notwithstanding Saf-C 2804.02(b)(3) above, an individual, if eligible, shall be restored pursuant to this rule only once.
Source. #5538, eff 1-1-93; ss by #6824, eff 7-28-98; ss by 8376, eff 6-20-05; ss by #8782-A, eff 1-1-07; ss by #10888, eff 7-16-15