An Act To Stay Certain Suspensions Imposed by the Secretary of State Pending Appeal
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 29-A MRSA §2458, sub-§2-A, as enacted by PL 2007, c. 486, §1, is amended to read:
2-A. Minimum suspension for negligent operation. The Secretary of State without preliminary hearing shall suspend for a period of at least 3 years a person's license if the Secretary of State, based on the Secretary of State's records or other sufficient evidence, finds that person to have recklessly or negligently operated a motor vehicle in a manner so as to cause the death of another person. Prior to the determination and issuance of the suspension, the Secretary of State shall notify any family of the victim and shall consider written or oral statements received from the family in response to the notice. Upon suspending the person's license, the Secretary of State shall notify that person of an opportunity for hearing as provided in section 2483. If a person whose license is suspended under this subsection requests a hearing, the suspension is stayed pursuant to section 2483, subsection 4.
SUMMARY
This bill clarifies that a suspension of a person's driver's license by the Secretary of State based upon a determination that the person recklessly or negligently operated a motor vehicle in a manner that caused the death of another person is stayed upon a request for a hearing by the person.