2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 9 - Operator's Licenses › § 671. Procedure

§ 671. Procedure
(a) In his or her discretion, the Commissioner may suspend indefinitely or for a definite time the license of an operator, or the right of an unlicensed individual to operate a motor vehicle, after opportunity for a hearing upon not less than 15 days’ notice, if the Commissioner has reason to believe that the holder thereof is an individual who is incompetent to operate a motor vehicle or is operating improperly so as to endanger the public. If, upon receipt of such notice, the individual requests a hearing, such suspension shall not take effect unless the Commissioner, after hearing, determines that the suspension is justified. If the Commissioner imposes a suspension, he or she may order the license delivered to him or her. Not less than six months from the date of suspension and each six months thereafter, an individual upon whom such suspension has been imposed may apply for reinstatement of his or her license or right to operate or for a new license. Upon receipt of such application, the Commissioner shall thereupon cause an investigation to be made and, if so requested, conduct a hearing to determine whether such suspension should be continued in effect.
(b) In his or her discretion, the Commissioner may suspend for a period not exceeding 15 days the license of an operator, or the right of an unlicensed individual to operate a motor vehicle, without hearing, whenever he or she finds upon full reports submitted by an enforcement officer or motor vehicle inspector that the safety of the public has been or will be imperiled as a result of the operation of a motor vehicle by such operator or unlicensed individual.
(c) The Commissioner may suspend the license of an operator, or the right of an unlicensed individual to operate a motor vehicle, while a prosecution for an offense under this title is pending against such individual if:
(1) the Commissioner finds upon full reports submitted to him or her by an enforcement officer or motor vehicle inspector that the safety of the public will be imperiled by permitting such operator or such unlicensed individual to operate a motor vehicle; or
(2) the Commissioner finds that such operator is seeking to delay the prosecution.
(d) The Commissioner shall not suspend the license of an operator, or the right of an unlicensed individual to operate a motor vehicle, for any cause that has constituted the subject matter of a prosecution in which the conviction of such individual has not been obtained.
(e) The Commissioner shall revoke licenses obtained fraudulently. The Commissioner shall also revoke licenses when required by law, and such revocation shall not entitle the holder of such license to hearing.
(f) If a hearing is required under the provisions of this section, it shall be held in accordance with the provisions of sections 105-107 of this title and at such time and place as the Commissioner may determine. It shall be in the discretion of the Commissioner to determine the granting of a hearing and subsequent hearing in response to a petition for a hearing in connection with suspension orders issued under the provisions of subsections (b) and (c) of this section.
(g) Notwithstanding subsection (d) of this section, if the Commissioner receives official notice, in any form he or she deems appropriate, that an individual’s right to operate a motor vehicle has been suspended or revoked in another jurisdiction, the Commissioner may suspend the individual’s license or right to operate a motor vehicle in this State after the opportunity for a hearing upon not less than 15 days’ notice. If the individual’s license or right to operate is subsequently reinstated by the other jurisdiction, the individual may apply to the Commissioner for reinstatement of his or her license or right to operate a motor vehicle in this State. (Amended 1977, No. 238 (Adj. Sess.), § 2, eff. July 1, 1979; 1979, No. 79, § 1, eff. May 10, 1979; 1995, No. 112 (Adj. Sess.), § 10; 2013, No. 96 (Adj. Sess.), § 144; 2015, No. 47, § 18; 2019, No. 131 (Adj. Sess.), § 156; 2019, No. 149 (Adj. Sess.), § 9.)