Procedure
Cal. VEH § 13558
California Statutes
(
a) Any person, who has received a notice of an order of suspension or revocation of the person’s privilege to operate a motor vehicle pursuant to
Section 13353, 13353.1, 13353.2, 13388, 23612, or or a notice pursuant to
Section 13557, may request a hearing on the matter pursuant to
Article 3 (commencing with
Section 14100) of
Chapter 3, except as otherwise provided in this section. (
b) If the person wishes to have a hearing before the effective date of the order of suspension or revocation, the request for a hearing shall be made within days of the receipt of the notice of the order of suspension or revocation. The hearing shall be held at a place designated by the department as close as practicable to the place where the arrest occurred, unless the parties agree to a different location. Any evidence at the hearing shall not be limited to the evidence presented at an administrative review pursuant to
Section 13557. (c)
(1) The only issues at the hearing on an order of suspension or revocation pursuant to
Section or 13353.1 shall be those facts listed in paragraph (1) of subdivision (
b) of
Section 13557. Notwithstanding
Section 14106, the period of suspension or revocation specified in
Section or 13353.1 shall not be reduced and, notwithstanding
Section 14105.5, the effective date of the order of suspension or revocation shall not be stayed pending review at a hearing pursuant to this section.
(2) The only issues at the hearing on an order of suspension pursuant to
Section 13353.2 shall be those facts listed in paragraph (3) of subdivision (
b) of
Section 13557. Notwithstanding
Section 14106, the period of suspension specified in
Section 13353.3 shall not be reduced. (
d) The department shall hold the administrative hearing before the effective date of the order of suspension or revocation if the request for the hearing is postmarked or received by the department on or before days after the person’s receipt of the service of the notice of the order of suspension or revocation pursuant to
Section 13353.2, 13388, 23612, or 13382. (
e) A request for an administrative hearing does not stay the suspension or revocation of a person’s privilege to operate a motor vehicle. If the department does not conduct an administrative hearing and make a determination after an administrative hearing within the time limit in subdivision (d), the department shall stay the effective date of the order of suspension or revocation pending the determination and, if the person’s driver’s license has been taken by the peace officer pursuant to
Section 13388, 23612, or 13382, the department shall notify the person before the expiration date of the temporary permit issued pursuant to
Section 13388, 23612, or 13382, or the expiration date of any previous extension issued pursuant to this subdivision, provided the person is otherwise eligible, in a form that permits the person to establish to any peace officer that his or her privilege to operate a motor vehicle is not suspended or revoked. (
f) The department shall give written notice of its determination pursuant to
Section 14105. If the department determines, upon a hearing of the matter, to suspend or revoke the person’s privilege to operate a motor vehicle, notwithstanding the term of any temporary permit issued pursuant to
Section 13388, 23612, or 13382, the temporary permit shall be revoked and the suspension or revocation of the person’s privilege to operate a motor vehicle shall become effective five days after notice is given. If the department sustains the order of suspension or revocation, the department shall include notice that the person has a right to review by the court pursuant to
Section 13559. (
g) A determination of facts by the department upon a hearing pursuant to this
section has no collateral estoppel effect on a subsequent criminal prosecution and does not preclude litigation of those same facts in the criminal proceeding.