THE SENATE

S.B. NO.

2573

THIRTY-THIRD LEGISLATURE, 2026

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO ADMINISTRATIVE DRIVERS LICENSE REVOCATION.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Section 291E-38, Hawaii Revised Statutes, is amended to read as follows:

     "§291E-38  Administrative hearing; procedure; decision.  (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 days of the date the administrative review decision is mailed.  If the request for hearing is received by the director within six days of the date the decision is mailed, the hearing shall be scheduled to commence no later than:

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

     (2)  Thirty-nine 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).] (k).

     (b)  The hearing shall be held at a place designated by the director, as close to the location where the notice of administrative revocation was issued as practical.

     (c)  The hearing may be held by interactive conference technology that allows interaction by the director, any party, and counsel if retained by the party.  An administrative hearing held by interactive conference technology shall be recessed for up to one hour when audio communication cannot be maintained; provided that the hearing may reconvene when only audio communication is reestablished.  If audio-only communication is reestablished, then each speaker shall state the speaker's name prior to making remarks.

     For the purposes of this subsection, "interactive conference technology" means any form of audio or audio and visual conference technology, including teleconference, videoconference, and voice over internet protocol, that may be used to facilitate interaction between the director, any party, and counsel if retained by the party, in a hearing conducted under this section.

     [(c)] (d)  The respondent may be represented by counsel and, if the respondent is under the age of eighteen, must be accompanied by a parent or guardian.

     [(d)] (e)  The director shall conduct the hearing and have authority to:

     (1)  Administer oaths and affirmations;

     (2)  Examine witnesses and take testimony;

     (3)  Receive and determine the relevance of evidence; provided that if the hearing is held by interactive conference technology, as provided in subsection (c), evidence may be submitted and exchanged by electronic means;

     (4)  Issue subpoenas;

     (5)  Regulate the course and conduct of the hearing; and

     (6)  Make a final ruling.

     [(e)] (f)  The director shall affirm the administrative revocation only if the director determines that:

     (1)  There existed 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 person was tested pursuant to section 291E‑21;

     (2)  There existed probable cause to believe that the respondent operated the vehicle while under the influence of an intoxicant; and

     (3)  The evidence proves by a preponderance that:

          (A)  The respondent operated the vehicle while under the influence of an intoxicant; or

          (B)  The respondent operated the vehicle and refused to submit to a breath, blood, or urine test after being informed:

               (i)  That the person may refuse to submit to testing in compliance with section 291E-11; and

              (ii)  Of the sanctions of this part and then asked if the person still refuses to submit to a breath, blood, or urine test in compliance with the requirements of section 291E-15.

     [(f)] (g)  The respondent's prior alcohol and drug enforcement contacts shall be entered into evidence.

     [(g)] (h)  The sworn statements provided in section 291E-36 shall be admitted into evidence.  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 days prior to 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 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.

     [(h)] (i)  The hearing shall be recorded in a manner to be determined by the director.

     [(i)] (j)  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 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.

     [(j)] (k)  For good cause shown, the director may grant a continuance either of the commencement of the hearing or of a hearing that has already commenced.  If a continuance is granted at the request of the director, the director shall extend the validity of the temporary permit, unless otherwise prohibited, for a period not to exceed the period of the continuance.  If a continuance is granted at the request of the respondent, the director shall not extend the validity of the temporary permit.  For purposes of this section, a continuance means a delay in the commencement of the hearing or an interruption of a hearing that has commenced, other than for recesses during the day or at the end of the day or week.  The absence from the hearing of a law enforcement officer or other person, upon whom personal service of a subpoena has been made as set forth in subsection [(g),] (h), constitutes good cause for a continuance.

     [(k)] (l)  The director may grant a special motor vehicle registration, pursuant to section 291E-48, to a qualified household member or a co-owner of any motor vehicle upon determination that:

     (1)  The person is completely dependent on the motor vehicle for the necessities of life; and

     (2)  At the time of the application for a special motor vehicle registration, the respondent does not have a valid ignition interlock permit.

The special motor vehicle registration shall not be valid for use by the respondent.

     [(l)] (m)  If the respondent fails to appear at the hearing, or if a respondent under the age of eighteen fails to appear with a parent or guardian, administrative revocation shall take effect for the period and under the conditions established by the director in the administrative review decision issued by the director under section 291E‑37."

     SECTION 2.  Section 291E-46, Hawaii Revised Statutes, is amended to read as follows:

     "§291E-46  Computation of time.  The time in which any act provided in this part is to be done is computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday, or state holiday, and then it also is excluded; provided that if the last day for the mailing of decisions under sections 291E-37(a) and [291E-38(i)] 291E-38(j) is a federal holiday, it also is excluded."

     SECTION 3.  Section 291E-48, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Anytime after the effective date of revocation or after the administrative hearing decision is mailed pursuant to section [291E-38(i),] 291E-38(j), a qualified household member or co-owner of a motor vehicle with a respondent who has had a motor vehicle registration revoked under this part may submit a sworn statement to the director requesting a special motor vehicle registration.  The director may grant the request upon determining that the following conditions have been met:

     (1)  The applicant is a household member of the respondent's or a co-owner of the vehicle;

     (2)  The applicant has a license that has not expired or been suspended or revoked;

     (3)  The applicant is completely dependent on the motor vehicle for the necessities of life;

     (4)  The director finds that the applicant will take reasonable precautions to ensure that the respondent will not drive the vehicle; and

     (5)  The respondent does not have a valid ignition interlock permit.

A person to whom a special motor vehicle registration has been granted shall apply to the director of the appropriate county agency for special series number plates, as provided in section 249-9.4."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

By Request

 

 

Report Title:

Judiciary Package; Administrative Drivers License Revocation Hearings; Interactive Conference Technology

 

Description:

Authorizes administrative drivers license revocation hearings to be conducted using interactive conference technology, including teleconference, videoconference, and voice over internet protocol (VoIP) systems.  Clarifies that evidence in hearings conducted via interactive conference technology may be submitted and exchanged electronically.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.