(

a) The suspension provisions of this

article shall not apply to a driver or owner until days after the department sends to the driver or owner notice of its intent to suspend his or her driving privilege, pursuant to subdivision (

b) of

Section 16070, and advises the driver or owner of his or her right to a hearing as provided in this section. (

b) If the driver or owner receiving the notice of intent to suspend wishes to have a hearing, the request for a hearing shall be made in writing to the department within days of the receipt of the notice. Failure to respond to a notice of intent within days of receipt of the notice is a waiver of the person’s right to a hearing. (

c) If the driver or owner makes a timely request for a hearing, the department shall hold the hearing before the effective date of the suspension to determine the applicability of this

chapter to the driver or owner, including a determination of whether:

(1) The accident has resulted in property damage in excess of one thousand dollars ($1,000), or bodily injury, or death.

(2) The driver or owner has established evidence of financial responsibility, as provided in

Article 3 (commencing with

Section 16050), that was in effect at the time of the accident. (

d) A request for a hearing does not stay the suspension of a person’s driving privilege. However, if the department does not conduct a hearing and make a determination pursuant thereto within the time limit provided in subdivision (

b) of

Section 16070, the department shall stay the effective date of the order of suspension pending a determination. (

e) The hearing provided for by this

section shall be held in the county of residence of the person requesting the hearing. The hearing shall be conducted pursuant to

Article 3 (commencing with

Section 14100) of

Chapter of Division 6. (

f) The department shall render its decision within days after conclusion of the hearing. (

g) This

section shall become operative on January 1, 2017.