39-06-34. Director may require re-examination.
225 words·~1 min read·
/nd/title-39/chapter-39-06-operators-licenses/39-06-34·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In addition to any other power, the director, having good cause to believe that an individual with an operator's license is incompetent or otherwise not qualified for the operator's license, may upon written notice of at least five days to the individual require the individual to submit to such physical, mental, or driver's examination as may be deemed necessary by the director. If the director has good cause to believe that the individual presents an immediate danger to the motoring public, the director may immediately, and without prior notice, suspend the operator's license of the individual pending the examination.
The notice of suspension must provide the individual with the opportunity for a hearing within five days of the receipt of the notice of suspension. When a hearing is requested, the hearing must be conducted under section
39-06-33 and the hearing officer's recommended decision must be rendered within two days of the conclusion of the hearing. Upon the conclusion of the examination, the director shall take action as may be appropriate and may suspend or revoke the license of the individual or permit the individual to retain the license, or may issue a license subject to restrictions as permitted under section 39-06-17. The director may suspend or revoke the operator's license of the individual for refusal or neglect of the individual to submit to an examination.