Minors Withdrawn From Secondary School — Administrative Review of License Revocation
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Any person who has received a notice of revocation under § 55-50-502(a)(1)(J) may request an administrative review. The request shall be accompanied by any relevant evidence, deemed appropriate by the department, which the person wants the department to consider in reviewing the determination made pursuant to § 49-6-3017.
When a request for administrative review is made, the department shall review the determination made pursuant to § 49-6-3017. In the review, the department shall give consideration to any relevant evidence accompanying the request for the review. If the department determines, by the preponderance of the evidence, that the person has withdrawn from school or has failed to maintain satisfactory academic progress, the department shall sustain the order of revocation. If the evidence does not support that determination, the department must rescind the order of revocation. The determination of the department upon administrative review is final unless a hearing is requested under § 55-50-509.
The department shall make a determination upon administrative review prior to the effective date of the revocation order if the request for the review is received by the department within fifteen (15) days following service of the notice of revocation. Where the request for administrative review is received by the department more than fifteen (15) days following service of the notice of revocation, the department shall make its determination within seven (7) days following the receipt of the request for review.
A request for administrative review does not stay the license revocation. If the department is unable to make a determination within the time limits specified in subsection (c), it shall stay the revocation pending that determination.
The request for administrative review and submission of relevant evidence shall be made by mail on a form supplied by the department. The department shall provide forms that the person may use to request an administrative review and to submit a sworn statement, but use of the forms is not required.