2001-H 5961
Enacted 07/10/2001

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Introduced By:  Representative Long Date Introduced:  February 6, 2001

It is enacted by the General Assembly as follows:

SECTION 1. Section 31-47-10 of the General Laws in Chapter 31-47 entitled "Motor Vehicle Reparations Act" is hereby amended to read as follows:

31-47-10. Accident reports -- (a) Every party required to file an accident report under section 31-26-6 shall include with the report a document described under section 31-47-12(c). If the administrator determines, within forty-five (45) days after the report is filed, that an operator or owner has violated section 31-47-9, the administrator shall, unless an order based upon the violation has been entered against the operator or owner under section 31-47-9, do all of the following:

(1) Order the impoundment, with respect to the motor vehicle involved in the accident, of the certificate of registration and registration plates of any owner who has violated section 31-47-9.

(2) Order the suspension of the license of any operator or owner who has violated section 31-47-9.

(3) Record the name and address of the person whose certificate of registration and registration plates have been impounded or are under an order of impoundment, or whose license has been suspended or is under an order of suspension; the serial number of that license; the serial numbers of the certificate of registration and registration plates. The information shall be recorded to become a part of the person's permanent record and to assist the administrator in monitoring compliance with the orders of suspension or impoundment.

(4) Send written notification by certified mail to every person to whom the order pertains, at the person's last known address. The person shall, within ten (10) days after the date of the mailing of notification, surrender to the administrator any certificate of registration and registration plates under the order of impoundment, or any license under the order of suspension.

(b) The administrator shall issue any order under this section without a hearing. Any person adversely affected by the order may, within ten (10) days after the issuance of the order, request an administrative hearing before the administrator who shall provide the person with an opportunity for a hearing. A request for a hearing does not operate as a suspension stay of the order. The scope of the hearing is limited to whether the person in fact demonstrated to the administrator proof of financial responsibility. The hearing shall afford the person an opportunity to respond to the allegation that he or she knowingly operated or permitted to be operated a motor vehicle without the financial security required by law. The administrator shall determine the date, time, and place of any hearing, provided that the hearing shall be held, and an order issued or findings made, within thirty (30) days after the administrator receives a request for a hearing. The person shall pay the cost of the hearing before the administrator, if the administrator's order of suspension or impoundment is upheld.

SECTION 2. This act shall take effect upon passage.

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