Section 37-03-03-06 - Notice of hearing - Matters considered at hearingIf the licensee makes a written request for a hearing as specified in section 37-03-03-05, the director shall send a notice of hearing to the licensee specifying the time, date, and place for such hearing. The notice shall further specify that the matters considered at the hearing will be confined to the following:
1. If the licensee requests a hearing based on a point total of twelve or more: a. Whether the proper number of points have been assigned to the convictions, adjudications, or admissions of the licensee; b. Whether the proper period of suspension has been computed based upon the number of points assigned against the driving record of the licensee; c. Whether there was any failure to reduce the point total on the licensee's driving record; or d. Any other material matter relating to the suspension of the license deemed appropriate by the licensee. 2. If the licensee requests a hearing based on a violation of North Dakota Century Code section 39-08-01: a. Whether the information in the department records pertaining to the licensee is correct; b. Whether the proposed period of suspension is in accord with subsection 7 of North Dakota Century Code section 39-06.1-10. At the hearing, the director shall not consider the substantive merits of any conviction, adjudication, or admission entered against the driving record of the licensee.
N.D. Admin Code 37-03-03-06
Effective January 1, 1979; amended effective May 1, 1994.General Authority: NDCC 28-32-02
Law Implemented: NDCC 39-06.1-10