HB2417

SECTION 1. Section 291E-31, Hawaii Revised Statutes, is amended to read as follows:

"§291E-31 Notice of administrative revocation; effect. As used in this part, the notice of administrative revocation:

(1) Establishes that the respondent's license and privilege to operate a vehicle in the State or on or in the waters of the State shall be terminated:

(A) Thirty calendar days after the date the notice of administrative revocation is issued in the case of an alcohol related offense;

(B) Forty-four calendar days after the date the notice of administrative revocation is issued in the case of a drug related offense; or

if the director administratively revokes the respondent's license and privilege;

(2) Establishes the date on which administrative revocation proceedings against the respondent were initiated;

(3) Serves as a temporary permit, if applicable, to operate a vehicle as provided in section 291E-33; and

(4) Notifies the respondent that the respondent shall obtain an ignition interlock permit and keep an ignition interlock device installed and operating in any vehicle the respondent operates during the revocation period if the respondent had a valid license at the time of the arrest."

SECTION 2. Section 291E-33, Hawaii Revised Statutes, is amended by amending subsections (c) and (d) to read as follows:

"(c) After taking action pursuant to subsections (a) and (b), as applicable, the law enforcement officer shall complete and issue to the person a notice of administrative revocation and shall indicate thereon whether the notice shall serve as a temporary permit. The notice shall serve as a temporary permit, unless, at the time of arrest: [~~the~~]

(1) The person was unlicensed; [~~the~~]

(2) The person's license or privilege to operate a vehicle was revoked or suspended; or [~~the~~]

(3) The person had no license in the person's possession.

The notice of administrative revocation shall include the information required under section 291E-34 and inform the person of the procedures governing the provision of documents submitted for administrative review under section 291E-36.

(d) Whenever a law enforcement officer determines that, as the result of a blood or urine test performed pursuant to section 291E-21, there is probable cause to believe that a person being treated in a hospital or medical facility has violated section 291E-61 or 291E-61.5, the law enforcement officer shall immediately [~~shall~~] take possession of any license held by the person and shall complete and issue to the person a notice of administrative revocation and indicate thereon whether the notice shall serve as a temporary permit. The notice shall serve as a temporary permit unless, at the time the notice was issued: [~~the~~]

(1) The person was unlicensed; [~~the~~]

(2) The person's license or privilege to operate a vehicle was revoked or suspended; or [~~the~~]

(3) The person had no license in the person's possession.

SECTION 3. Section 291E-34, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (c) to read:

"(c) The notice shall provide, at a minimum, the following information relating to the administrative review:

(1) That the review is automatic;

(2) That the respondent, within [three days of the issuance of the notice of administrative revocation in the case of an alcohol related offense and within seventeen days of the issuance of the notice of administrative revocation in the case of a drug related offense,] seven calendar days after the documents submitted for administrative review are mailed or electronically transmitted to the respondent pursuant to section 291E-36, may submit written information demonstrating why the respondent's license and privilege to operate a vehicle should not be administratively revoked;

(3) The address or location where the respondent may submit the information;

(4) That the respondent is not entitled to be present or represented at the administrative review; and

(5) That the administrative review decision shall be mailed to the respondent[:

~~(A)~~ ~~No later than eight days after the date of the issuance of the notice of administrative revocation in the case of an alcohol related offense; and~~

~~(B)~~ ~~No later than twenty-two days after the date of the issuance of the notice of administrative revocation in the case of a drug related offense.~~] by the applicable deadline specified in section 291E-37(a).

The notice shall inform the respondent that the documents submitted for administrative review shall be provided to the respondent in accordance with section 291E-36."

2. By amending subsections (e) and (f) to read:

"(e) The notice shall state that, if the respondent's license and privilege to operate a vehicle is administratively revoked after the review, a decision shall be mailed to the respondent, or to the parent or guardian of the respondent if the respondent is under the age of eighteen, that shall contain, at a minimum, the following information:

(1) The reasons why the respondent's license and privilege to operate a vehicle is administratively revoked;

(2) That the respondent may request the director, within six calendar days of the date the decision is mailed, to schedule an administrative hearing to review the administrative revocation;

(3) That, if the respondent's request for an administrative hearing is received by the director within six calendar days of the date the decision was mailed, the hearing shall be scheduled to commence:

(A) No later than twenty-five calendar days after the date of the issuance of the notice of administrative revocation in the case of an alcohol related offense; and

(B) No later than thirty-nine calendar days after the date of the issuance of the notice of administrative revocation in the case of a drug related offense;

(4) The procedure to request an administrative hearing;

(5) That failure to request an administrative hearing within the time provided shall cause the administrative revocation to take effect for the period and under the conditions established by the director in the decision;

(6) That the respondent may regain the right to a hearing by requesting the director, within sixty calendar days after the issuance of the notice of administrative revocation, to schedule a hearing;

(7) That the director shall schedule the hearing to commence no later than thirty calendar days after a request under paragraph (6) is received, but that, except as provided in section 291E-38(j), the temporary permit shall not be extended if the respondent fails to request an administrative hearing within the initial six-day period provided for that purpose;

(8) That failure to attend the hearing shall cause the administrative revocation to take effect for the period and under the conditions indicated;

(9) The duration of the administrative revocation and other conditions that may be imposed, including: referral to the driver's education program for an assessment of the respondent's substance abuse or dependence and the need for treatment; and

(10) That the respondent shall obtain an ignition interlock permit in order to operate a vehicle during the revocation period if the respondent had a valid license at the time of the arrest.

(f) The notice shall provide, at a minimum, the following information relating to administrative hearings:

(1) That the respondent shall have six calendar days from the date the administrative review decision was mailed to request that an administrative hearing be scheduled;

(2) That a request for an administrative hearing and payment of a $30 fee, unless waived pursuant to section 291E-39, shall entitle the respondent to review and copy, [~~prior to~~] before the hearing, [~~all documents that were considered at~~] the administrative record, consisting of the documents submitted for administrative review[~~, including the arrest report and the sworn statements;~~] pursuant to section 291E-36;

(3) That the respondent may be represented by an attorney, submit evidence, give testimony, and present and cross-examine witnesses;

(4) That, in cases where the respondent is under the age of eighteen, a parent or guardian must be present; and

(5) That a written decision shall be mailed no later than five calendar days after completion of the hearing."

SECTION 4. Section 291E-36, Hawaii Revised Statutes, is amended to read as follows:

"§291E-36 Documents required to be submitted for administrative review; sworn statements. (a) Whenever a respondent has been arrested for a violation of section 291E-61 or 291E-61.5 and submits to a test that establishes: the respondent's alcohol concentration was .08 or more; the presence, in the respondent's blood or urine, of any drug that is capable of impairing the respondent's ability to operate a vehicle in a careful and prudent manner; or whenever a respondent has been involved in a collision resulting in injury or death and a blood or urine test performed pursuant to section 291E-21 establishes that the respondent's alcohol concentration was .08 or more or establishes the presence in the respondent's blood or urine of any drug that is capable of impairing the respondent's ability to operate a vehicle in a careful and prudent manner, the following shall be forwarded immediately to the director:

(1) A copy of the arrest report or the report of the law enforcement officer who issued the notice of administrative revocation to the person involved in a collision resulting in injury or death and the sworn statement of the arresting law enforcement officer or the officer who issued the notice of administrative revocation, stating facts that establish that:

(A) There was reasonable suspicion to stop the vehicle, the vehicle was stopped at an intoxicant control roadblock established and operated in compliance with sections 291E-19 and 291E-20, or the respondent was tested pursuant to section 291E-21;

(B) There was probable cause to believe that the respondent had been operating the vehicle while under the influence of an intoxicant; and

(2) In a case involving an alcohol related offense, the sworn statement of the person responsible for maintenance of the testing equipment, stating facts that establish that, pursuant to section 321-161 and rules adopted thereunder:

(A) The equipment used to conduct the test was approved for use as an alcohol testing device in this State;

(B) The person had been trained and at the time the test was conducted was certified and capable of maintaining the testing equipment; and

(C) The testing equipment used had been properly maintained and was in good working condition when the test was conducted;

(3) In a case involving an alcohol related offense, the sworn statement of the person who conducted the test, stating facts that establish that, pursuant to section 321-161 and rules adopted thereunder:

(A) The person was trained and at the time the test was conducted was certified and capable of operating the testing equipment;

(B) The person followed the procedures established for conducting the test;

(C) The equipment used to conduct the test functioned in accordance with operating procedures and indicated that the respondent's alcohol concentration was at, or above, the prohibited level; and

(D) The person whose breath or blood was tested is the respondent;

(4) In a case involving a drug related offense, the sworn statement of the person responsible for maintenance of the testing equipment, stating facts that establish that, pursuant to section 321-161 and rules adopted thereunder:

(A) The equipment used to conduct the test was approved for use in drug testing;

(B) The person conducting the test had been trained and, at the time of the test, was certified and capable of maintaining the testing equipment; and

(C) The testing equipment used had been properly maintained and was in good working condition when the test was conducted;

(5) In a case involving a drug related offense, the sworn statement of the person who conducted the test, stating facts that establish that, pursuant to section 321-161 and rules adopted thereunder:

(A) At the time the test was conducted, the person was trained and capable of operating the testing equipment;

(B) The person followed the procedures established for conducting the test;

(C) The equipment used to conduct the test functioned in accordance with operating procedures and indicated the presence of one or more drugs or their metabolites in the respondent's blood or urine; and

(D) The person whose blood or urine was tested is the respondent;

(6) A copy of the notice of administrative revocation issued by the law enforcement officer to the respondent;

(7) Any license taken into possession by the law enforcement officer; and

(8) A listing of any prior alcohol or drug enforcement contacts involving the respondent[.]; provided that no prior alcohol or drug enforcement contact shall be considered unless the respondent has been provided written notice identifying each prior contact to be considered and afforded an opportunity to contest its validity or applicability.

(b) Whenever a respondent has been arrested for a violation of section 291E-61 or 291E-61.5 and refuses to submit to a test to determine alcohol concentration or drug content in the blood or urine, the following shall be forwarded immediately to the director:

(1) A copy of the arrest report and the sworn statement of the arresting law enforcement officer, stating facts that establish that:

(A) There was reasonable suspicion to stop the vehicle or the vehicle was stopped at an intoxicant control roadblock established and operated in compliance with sections 291E-19 and 291E-20;

(B) There was probable cause to believe that the respondent had been operating the vehicle while under the influence of an intoxicant;

(i) The sanctions of section 291E-41;

(ii) The possibility that criminal charges may be filed; and

(iii) The probable consequences of refusing to be tested for alcohol concentration or drug content in the blood or urine; and

(D) The respondent refused to be tested;

(2) A copy of the notice of administrative revocation issued to the respondent;

(3) Any license taken into possession; and

(4) A listing of all alcohol and drug enforcement contacts involving the respondent[.]; provided that no prior alcohol or drug enforcement contact shall be considered unless the respondent has been provided written notice identifying each prior contact to be considered and afforded an opportunity to contest its validity or applicability.

(c) All documents, sworn statements, and records required to be forwarded to the director pursuant to this section shall be provided to the respondent no later than five calendar days after submission to the director, by mail or electronic transmission, in a manner reasonably calculated to provide actual notice. The respondent shall be afforded a reasonable opportunity to review and challenge the accuracy, authenticity, reliability, and admissibility of all documents, statements, and records submitted.

(d) Any sworn statement or record generated, stored, or transmitted electronically or through an automated system shall be accompanied by a certification from the person submitting the record attesting to the accuracy and authenticity of the electronic or automated record relied upon.

(e) Upon request of the respondent, the director shall make available documentation sufficient to demonstrate that any testing instrument relied upon was properly approved, maintained, calibrated, and certified, and that the operator of the testing instrument was properly trained and certified at the time of testing. Calibration, maintenance, and certification logs shall be made available for inspection or copying upon request."

SECTION 5. Section 291E-37, Hawaii Revised Statutes, is amended as follows:

1. By amending subsections (a), (b), and (c) to read:

"(a) The director shall automatically review the issuance of a notice of administrative revocation and shall issue a written decision administratively revoking the license and privilege to operate a vehicle or rescinding the notice of administrative revocation[.]; provided that the director shall not issue a written review decision until the documents submitted for administrative review are mailed or electronically transmitted to the respondent pursuant to section 291E-36 and the time period to submit written information under subsection (b) has elapsed, or the respondent has submitted written information under subsection (b), whichever occurs first. The written review decision shall be mailed to the respondent, or to the parent or guardian of the respondent if the respondent is under the age of eighteen, no later than:

(1) Fourteen calendar days after the date the notice was issued in a case involving an alcohol related offense; or

(2) Twenty-eight calendar days after the date the notice was issued in a case involving a drug related offense[.];

provided that the time periods in paragraphs (1) and (2) shall be tolled for any period during which the requirements of section 291E-36 have not been satisfied.

(b) The respondent shall have the opportunity to demonstrate in writing why the respondent's license and privilege to operate a vehicle should not be administratively revoked and, within [~~three days of receiving the notice of administrative revocation, as provided in section 291E-33,~~] seven calendar days after the documents submitted for administrative review are mailed or electronically transmitted to the respondent pursuant to section 291E-36, shall submit any written information, either by mail or in person, to the director's office or to any office or address designated by the director for that purpose.

(1) Any sworn or unsworn written statement or other written evidence provided by the respondent;

(2) The breath, blood, or urine test results, if any; and

(3) The sworn statement of any law enforcement officer or other person or other evidence or information required by section 291E-36[.]; provided that the director shall not consider any document, statement, or evidence unless it has been provided to the respondent in accordance with section 291E-36."

2. By amending subsections (f) and (g) to read:

"(f) If the director administratively revokes the respondent's license and privilege to operate a vehicle, the director shall mail a written review decision to the respondent, or to the parent or guardian of the respondent if the respondent is under the age of eighteen. The written review decision shall:

(1) State the reasons for the administrative revocation;

(2) Indicate that the respondent has six calendar days from the date the decision is mailed to request an administrative hearing to review the director's decision;

(3) Explain the procedure by which to request an administrative hearing;

(4) Be accompanied by a form, postage prepaid, that the respondent may fill out and mail in order to request an administrative hearing;

(5) Inform the respondent of the right to review and copy [~~all documents considered at the review, including the arrest report and the sworn statements of law enforcement officers or other persons, prior to the hearing;~~], before the hearing, the administrative record, consisting of the documents submitted for review pursuant to section 291E-36; and

(6) State that the respondent may be represented by counsel at the hearing, submit evidence, give testimony, and present and cross-examine witnesses, including the arresting law enforcement officer.

(g) Failure of the respondent to request a hearing within the time provided in section 291E-38(a) shall cause the administrative revocation to take effect for the period and under the conditions provided in the administrative review decision issued by the director under this section. The respondent may regain the right to an administrative hearing by requesting the director, within sixty calendar days of the issuance of the notice of administrative revocation as provided in section 291E-33, to schedule an administrative hearing. The administrative hearing shall be scheduled to commence no later than thirty calendar days after the request is received by the director. The administrative review decision issued by the director under this section shall explain clearly the consequences of failure to request an administrative hearing and the procedure by which the respondent may regain the right to a hearing."

SECTION 6. Section 291E-38, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (a) to read:

"(a) If the director administratively revokes the respondent's license and privilege to operate a vehicle after the administrative review, the respondent may request an administrative hearing to review the decision within six calendar days of the date the administrative review decision is mailed. If the request for hearing is received by the director within six calendar days of the date the decision is mailed, the hearing shall be scheduled to commence no later than:

(1) Twenty-five calendar days from the date the notice of administrative revocation was issued in a case involving an alcohol related offense; or

(2) Thirty-nine calendar days from the date the notice of administrative revocation was issued in a case involving a drug related offense.

The director may continue the hearing only as provided in subsection (j)."

2. By amending subsections (f) and (g) to read:

"(f) The respondent's prior alcohol and drug enforcement contacts shall be entered into evidence[.]; provided that no prior alcohol or drug enforcement contact shall be considered unless the respondent has received prior notice and an opportunity to challenge its validity or applicability.

(g) The sworn statements provided in section 291E-36 shall be admitted into evidence[.]; provided that the requirements of section 291E-36 have been satisfied. The director shall consider the sworn statements in the absence of the law enforcement officer or other person. Upon written notice to the director, no later than five calendar days [~~prior to~~] before the hearing, that the respondent wishes to examine a law enforcement officer or other person who made a sworn statement, the director shall issue a subpoena for the officer or other person to appear at the hearing. Personal service upon the law enforcement officer or other person who made a sworn statement shall be made no later than forty-eight hours [~~prior to~~] before the hearing time. If the officer or other person cannot appear, the officer or other person at the discretion of the director, may testify by telephone."

3. By amending subsection (i) to read:

"(i) The director's decision shall be rendered in writing and mailed to the respondent, or to the parent or guardian of the respondent if the respondent is under the age of eighteen, no later than five calendar days after the hearing is concluded. If the decision is to reverse the administrative revocation, the director shall return the respondent's license, along with a certified statement that administrative revocation proceedings have been terminated. If the decision sustains the administrative revocation, the director shall mail to the respondent a written decision indicating the duration of the administrative revocation and any other conditions or restrictions as may be imposed pursuant to section 291E 41."

SECTION 7. Section 291E-40, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) If the director sustains the administrative revocation after an administrative hearing, the respondent, or parent or guardian of a respondent under the age of eighteen, may file a petition for judicial review within thirty calendar days after the administrative hearing decision is mailed. The petition shall be filed with the clerk of the district court in the district in which the incident occurred and shall be accompanied by the required filing fee for civil actions. The filing of the petition shall not operate as a stay of the administrative revocation, nor shall the court stay the administrative revocation pending the outcome of the judicial review. The petition shall be appropriately captioned. The petition shall state with specificity the grounds upon which the petitioner seeks reversal of the administrative revocation."

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect upon its approval.

INTRODUCED BY:

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HOUSE OF REPRESENTATIVES	H.B. NO.	2417
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII