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HB2097
HOUSE OF REPRESENTATIVES
H.B. NO.
2097
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
RELATING
TO ADMINISTRATIVE DRIVERS LICENSE REVOCATION
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION
1
.
�
Section 291E-38, Hawaii Revised Statutes, is
amended to read as follows:
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"
�291E-38
�
Administrative hearing; procedure; decision.
�
(a)
�
If
the director administratively revokes the respondent's license and privilege to
operate a vehicle after the administrative review, the respondent may request
an administrative hearing to review the decision within six days of the date
the administrative review decision is mailed.
�
If the request for hearing is received by the director within six days
of the date the decision is mailed, the hearing shall be scheduled to commence
no later than:
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(1)
�
Twenty-five days
from the date the notice of administrative revocation was issued in a case
involving an alcohol related offense; or
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(2)
�
Thirty-nine days
from the date the notice of administrative revocation was issued in a case
involving a drug related offense.
The director may continue the hearing only as
provided in subsection [
(j).
]
(k).
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(b)
�
The hearing shall be held at a place designated by the director, as
close to the location where the notice of administrative revocation was issued
as practical.
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(c)
�
The hearing may be held by interactive conference technology that allows
interaction by the director, any party, and counsel if retained by the
party.
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An administrative hearing held by
interactive conference technology shall be recessed for up to one hour when
audio communication cannot be maintained; provided that the hearing may
reconvene when only audio communication is reestablished.
�
If audio-only communication is reestablished,
then each speaker shall state the speaker's name prior to making remarks.
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For the purposes of this subsection,
"interactive conference technology" means any form of audio or audio
and visual conference technology, including teleconference, videoconference,
and voice over internet protocol, that may be used to facilitate interaction
between the director, any party, and counsel if retained by the party, in a
hearing conducted under this section.
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[
(c)
]
(d)
�
The respondent may be represented by counsel
and, if the respondent is under the age of eighteen, must be accompanied by a
parent or guardian.
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[
(d)
]
(e)
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The director shall conduct the hearing and
have authority to:
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(1)
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Administer oaths
and affirmations;
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(2)
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Examine witnesses
and take testimony;
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(3)
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Receive and
determine the relevance of evidence;
provided that if the hearing is held by
interactive conference technology, as provided in subsection (c), evidence may
be submitted and exchanged by electronic means;
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(4)
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Issue subpoenas;
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(5)
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Regulate the
course and conduct of the hearing; and
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(6)
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Make
a final ruling.
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[
(e)
]
(f)
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The director shall affirm the administrative
revocation only if the director determines that:
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(1)
�
There existed
reasonable suspicion to stop the vehicle, the vehicle was stopped at an
intoxicant control roadblock established and operated in compliance with
sections 291E‑19 and 291E‑20, or the person was tested pursuant to
section 291E‑21;
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(2)
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There existed
probable cause to believe that the respondent operated the vehicle while under
the influence of an intoxicant; and
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(3)
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The evidence
proves by a preponderance that:
���������
(A)
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The respondent
operated the vehicle while under the influence of an intoxicant; or
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(B)
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The respondent
operated the vehicle and refused to submit to a breath, blood, or urine test
after being informed:
�������������
(i)
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That the person
may refuse to submit to testing in compliance with section 291E-11; and
������������
(ii)
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Of the sanctions
of this part and then asked if the person still refuses to submit to a breath,
blood, or urine test in compliance with the requirements of section 291E-15.
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[
(f)
]
(g)
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The respondent's prior alcohol and drug
enforcement contacts shall be entered into evidence.
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[
(g)
]
(h)
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The sworn statements provided in section
291E-36 shall be admitted into evidence.
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The director shall consider the sworn statements in the absence of the
law enforcement officer or other person.
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Upon written notice to the director, no later than five days prior to
the hearing, that the respondent wishes to examine a law enforcement officer or
other person who made a sworn statement, the director shall issue a subpoena
for the officer or other person to appear at the hearing.
�
Personal service upon the law enforcement
officer or other person who made a sworn statement shall be made no later than
forty-eight hours prior to the hearing time.
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If the officer or other person cannot appear, the officer or other person
at the discretion of the director, may testify by telephone.
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[
(h)
]
(i)
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The hearing shall be recorded in a manner to
be determined by the director.
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[
(i)
]
(j)
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The director's decision shall be rendered in
writing and mailed to the respondent, or to the parent or guardian of the
respondent if the respondent is under the age of eighteen, no later than five
days after the hearing is concluded.
�
If
the decision is to reverse the administrative revocation, the director shall
return the respondent's license, along with a certified statement that
administrative revocation proceedings have been terminated.
�
If the decision sustains the administrative
revocation, the director shall mail to the respondent a written decision
indicating the duration of the administrative revocation and any other
conditions or restrictions as may be imposed pursuant to section 291E‑41.
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[
(j)
]
(k)
�
For good cause shown, the director may grant
a continuance either of the commencement of the hearing or of a hearing that
has already commenced.
�
If a continuance
is granted at the request of the director, the director shall extend the
validity of the temporary permit, unless otherwise prohibited, for a period not
to exceed the period of the continuance.
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If a continuance is granted at the request of the respondent, the
director shall not extend the validity of the temporary permit.
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For purposes of this section, a continuance
means a delay in the commencement of the hearing or an interruption of a
hearing that has commenced, other than for recesses during the day or at the
end of the day or week.
�
The absence from
the hearing of a law enforcement officer or other person, upon whom personal
service of a subpoena has been made as set forth in subsection [
(g),
]
(h),
constitutes good cause for a continuance.
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[
(
k)
]
(l)
�
The
director may grant a special motor vehicle registration, pursuant to section
291E-48, to a qualified household member or a co-owner of any motor vehicle
upon determination that:
����
(1)
�
The person is completely dependent on the motor vehicle for
the necessities of life; and
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(2)
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At the time of the application for a special motor vehicle
registration, the respondent does not have a valid ignition interlock permit.
The special motor vehicle registration shall not be valid for use by the
respondent.
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[
(
l)
]
(m)
�
If the respondent fails to appear at the
hearing, or if a respondent under the age of eighteen fails to appear with a
parent or guardian, administrative revocation shall take effect for the period
and under the conditions established by the director in the administrative
review decision issued by the director under section 291E‑37."
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SECTION
2
.
�
Section 291E-46, Hawaii Revised Statutes, is
amended to read as follows:
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"
�291E-46
�
Computation of time.
�
The time
in which any act provided in this part is to be done is computed by excluding
the first day and including the last, unless the last day is a Saturday,
Sunday, or state holiday, and then it also is excluded; provided that if the
last day for the mailing of decisions under sections 291E-37(a) and [
291E-38(i)
]
291E-38(j)
is a federal holiday, it also is excluded."
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SECTION
3
.
�
Section 291E-48, Hawaii Revised Statutes, is
amended by amending subsection (a) to read as follows:
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"(a)
�
Anytime after the effective date of
revocation or after the administrative hearing decision is mailed pursuant to
section [
291E-38(i),
]
291E-38(j),
a qualified household member or
co-owner of a motor vehicle with a respondent who has had a motor vehicle
registration revoked under this part may submit a sworn statement to the
director requesting a special motor vehicle registration.
�
The director may grant the request upon
determining that the following conditions have been met:
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(1)
�
The applicant is a
household member of the respondent's or a co-owner of the vehicle;
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(2)
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The applicant has
a license that has not expired or been suspended or revoked;
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(3)
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The applicant is
completely dependent on the motor vehicle for the necessities of life;
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(4)
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The director finds
that the applicant will take reasonable precautions to ensure that the
respondent will not drive the vehicle; and
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(5)
�
The respondent
does not have a valid ignition interlock permit.
A person to whom a special motor vehicle
registration has been granted shall apply to the director of the appropriate
county agency for special series number plates, as provided in section 249-9.4."
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SECTION
4.
�
Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.
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SECTION 5.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
By Request
Report Title:
Judiciary
Package; Administrative Drivers License Revocation Hearings; Interactive
Conference Technology
Description:
Authorizes
administrative drivers license revocation hearings to be conducted using
interactive conference technology, including teleconference, videoconference,
and voice over internet protocol (VoIP) systems.
�
Clarifies that evidence in hearings conducted
via interactive conference technology may be submitted and exchanged
electronically.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.