1. (A) When a person is convicted of one or more of the offenses listed in Section 56-1-1020(a), (b), or (c), the Department of Motor Vehicles must review its records for that person. If the department determines after review of its records that the person is an habitual offender as defined in Section 56-1-1020, the department must revoke or suspend the person's driver's license.
2. (B) If the department determines the person is an habitual offender, the department shall give notice of its determination to the person and direct the person not to operate a motor vehicle on the highways of this State and to surrender his driver's license or permit to the department. The notice must provide that a person aggrieved by the department determination may file a request for a contested case hearing with the Office of Motor Vehicle Hearings in accordance with its rules of procedure. The Office of Motor Vehicle Hearings has exclusive jurisdiction to conduct these hearings.

HISTORY: 1962 Code Section 46-197.2; 1973 (58) 424; 1974 (58) 2998; 1988 Act No. 532, Section 3; 1990 Act No. 602, Section 1; 1993 Act No. 181, Section 1342; 1996 Act No. 459, Section 114; 2006 Act No. 381, Section 5, eff June 13, 2006; 2008 Act No. 279, Section 5, eff October 1, 2008.

Effect of Amendment

The 2006 amendment, in the first undesignated paragraph, substituted "revoke or suspend the person's driver's license" for "institute agency proceedings in accordance with the Administrative Procedures Act to revoke or suspend the person's driver's license except that appeals under this section must be made to the appropriate magistrate's court as set orth below"; and, in the second undesignated paragraph, in the second sentence substituted "Division of Motor Vehicle Hearings in accordance with its rules of procedure" for "chief magistrate in the county in which the appellant resides" and deleted the third and fourth sentences relating to appeals to magistrates; and made nonsubstantive changes throughout.

The 2008 amendment designated subsections (A) and (B) and rewrote subsection (B) to reflect the changes incident to requesting a contested case hearing with the Office of Motor Vehicle Hearings and add the third sentence giving the office exclusive jurisdiction.