23.2.122    NOTICE OF IMMEDIATE SUSPENSION OF A DRIVER'S LICENSE OR ISSUANCE OF A PROBATIONARY DRIVER'S LICENSE

(1) "Upon suspending the license of any person or upon placing such person on probation [under section 61-5-206 MCA], the [motor vehicle division] shall immediately notify the licensee in writing." Section 61-5-206 (3) MCA.

(2) The notice must include:

(a) A statement of the effective date of the action of the motor vehicle division.

(b) A statement advising the licensee he has a right to request a hearing within a reasonable time.

(c) A statement advising the licensee a hearing must be held within 20 days after receipt of a request for one.

(d) A statement advising the licensee the hearing must be held in the county where he resides unless he and the motor vehicle division agree that the hearing may be held in some other county.

(e) A statement of the legal authority and jurisdiction under which the motor vehicle division acted.

(f) A reference to the particular sections of the statutes and rules involved.

(g) A short and plain statement of the matters asserted. If the motor vehicle division is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved; the notice should include, however, notice of the licensee's right to obtain a more definite and detailed statement upon application.

(h) A provision advising the licensee of his right to be represented by counsel at the hearing.

(3) Copies of forms used to comply with this rule are available from the Motor Vehicle Division, Room 362, Scott Hart Building, 303 Roberts, Helena, Montana 59601.

(4) "[U]pon ... request [the motor vehicle division] shall afford [the licensee] an opportunity for a hearing as early as practical within not to exceed 20 days after receipt of such request in the county wherein the licensee resides unless the division and the licensee agree that such hearing may be held in some other county." Section 61-5-206 (3)MCA.

History: Sec. 2-4-201(2) MCA; IMP, 61-5-206(3) MCA, Eff. 12/31/72.