New Jersey § 39:5-30

§ 39:5-30.

a. Every registration certificate, every license certificate, every privilege to drive

motor vehicles, including commercial motor vehicles as defined in P.L.1990, c. 103 ( C.39:3-10.9 et al.), every endorsement, class of license, and commercial driver's license, may

be suspended or revoked, and any person may be prohibited from obtaining a driver's

license or a registration certificate, or disqualified from obtaining any class of

or endorsement on a commercial driver's license, and the reciprocity privilege of

any nonresident may be suspended or revoked by the director for a violation of any

of the provisions of this Title or on any other reasonable grounds, after due notice

in writing of such proposed suspension, revocation, disqualification or prohibition

and the ground thereof. He may also summon witnesses to appear before him at his office or at any other place

he designates, to give testimony in a hearing which he holds looking toward a revocation

of a license or registration certificate issued by or under his authority. The summons shall be served at least five days before the return date, either by

registered mail or personal service. A person who fails to obey the summons shall be subject to a penalty not exceeding

$100.00, to be recovered with costs in an action at law, prosecuted by the Attorney

General, and in addition the vehicle registration or driver's license, or both, as

the case may be, shall forthwith be revoked. The fee for witnesses required to attend before the director shall be $1.00 for

each day's attendance and $0.03 for every mile of travel by the nearest generally

traveled route in going to and from the place where the attendance of the witness

is required. These fees shall be paid when the witness is excused from further attendance, and

the disbursements made from payment of the fees shall be audited and paid in the manner

provided for expenses of the department. The actual conduct of said hearing may be delegated by the director to such departmental

employees as he may designate, in which case the said employees shall recommend to

the director in writing whether the said licenses or certificates shall or shall not

be suspended or revoked. b. Whenever a matter is presented to the director involving an alleged violation of (1) R.S.39:4-98 , where an excess of 20 miles per hour over the authorized speed limit is alleged,

and which has resulted in the death of another; (2) R.S.39:4-50 , and which has resulted in the death of another; (3) R.S.39:4-96 , and which has resulted in the death of another; or (4) R.S.39:4-129 , wherein the death of another has occurred, and the director has not determined to

immediately issue a preliminary suspension pursuant to subsection e. of this section,

the director shall issue a notice of proposed final suspension or revocation of any

license certificate or any nonresident reciprocity privilege to operate any motor

vehicle or motorized bicycle held by the individual charged or temporary order prohibiting

the individual from obtaining any license to operate any motor vehicle or motorized

bicycle in this State. In the notice, the director shall provide the individual charged with an opportunity

for a plenary hearing to contest the proposed final suspension, revocation or other

final agency action. Unless the division receives, no later than the 10th day from the date the notice

was mailed, a written request for hearing, the proposed final agency action shall

take effect on the date specified in the notice. Upon receipt of a timely request for a plenary hearing, a preliminary hearing shall

be held by an administrative law judge within 15 days of the receipt of the request. The preliminary hearing shall be for the purpose of determining whether, pending

a plenary hearing on the proposed final agency action, a preliminary suspension shall

be immediately issued by the judge. Adjournment of such hearing upon motion by the individual charged shall be given

only for good cause shown. At the preliminary hearing, the parties shall proceed on the papers submitted to the

judge, including the summons, the police reports and the charged individual's prior

driving record submitted by the division, and any brief affidavits permitted by the

judge from persons who shall be witnesses at the plenary hearing, and the parties

may present oral argument. Based on the papers, on any oral argument, on the individual's prior driving record,

and on the circumstances of the alleged violation presented in the papers, the judge

shall determine whether the individual was properly charged with a violation of the

law and a death occurred; and, if so, whether in the interest of public safety, a

preliminary suspension shall be immediately ordered pending the plenary hearing on

the proposed suspension or revocation. The administrative law judge shall transmit his findings to the director. A plenary hearing shall be held no later than the 45th day following the preliminary

hearing. Adjournment of the hearing shall be given only for good cause shown. If the hearing is otherwise postponed or delayed solely at the instance of the individual

charged, the administrative law judge shall immediately issue a preliminary suspension

of any license certificate or any nonresident reciprocity privilege held by the individual

charged, or if any such preliminary suspension or order is in effect, he shall continue

such suspension or order. Such preliminary suspension or temporary order shall remain in effect pending a

final agency decision on the matter. If the hearing is otherwise postponed or delayed at the instance of anyone other

than the individual charged, the judge shall immediately issue an order restoring

the individual's license certificate or any nonresident reciprocity privilege pending

final agency decision in the matter. The period of any preliminary suspension imposed under this section shall be deducted

from any suspension imposed by the final agency decision in the matter. c. Whenever any other matter is presented to the director involving an alleged violation

of this title, wherein the death of another occurred and for which he determines immediate

action is warranted, he may proceed in the manner prescribed in subsection b. above. d. Whenever a fatal accident occurs in this State, an investigation of the incident,

whether performed by the State Police or by local police, shall be completed and forwarded

to the director within 72 hours of the time of the accident. e. Whenever a matter is presented to the director involving an alleged violation of (1) R.S.39:4-98 , where an excess of 20 miles per hour over the authorized speed limit is alleged,

and which has resulted in the death or serious bodily injury of another; (2) R.S.39:4-50 , which has resulted in the death or serious bodily injury of another; (3) R.S.39:4-96 or R.S.39:4-97 , which has resulted in the death or serious bodily injury of another; or (4) R.S.39:4-129 , wherein the death or serious bodily injury of another has occurred, the director

for good cause may, without hearing, immediately issue a preliminary suspension of

any license certificate or any nonresident reciprocity privilege to operate any motor

vehicle or motorized bicycle held by an individual charged or temporary order prohibiting

the individual from obtaining any license to operate any motor vehicle or motorized

bicycle in this State. For purposes of this subsection, “ serious bodily injury ” means bodily injury which creates a substantial risk of death or which causes serious,

permanent disfigurement, or protracted loss or impairment of the function of any bodily

member or organ. Along with the notice of preliminary suspension, the director shall issue a notice

of proposed final suspension, revocation or other final agency action, and shall afford

the individual the right to a preliminary hearing to contest the preliminary suspension

and a plenary hearing to contest the proposed final agency action. The preliminary suspension shall remain in effect pending a final agency decision

on the proposed final agency action, unless a request for a preliminary hearing is

received by the division no later than the 10th day from the date on which the notice

was mailed. The proposed final agency action shall take effect on the date specified in the

notice unless a request for a plenary hearing is received by the division no later

than the 10th day from the date on which the notice was mailed. Upon timely request by the individual, a preliminary hearing shall be held by an administrative

law judge, no later than the 15th day from the date on which the division receives

the request. The preliminary hearing shall be for the purpose of determining whether, pending

a final agency decision on the matter, the preliminary suspension issued by the director

shall remain in effect. Adjournment of the hearing shall be given only for good cause shown. If the preliminary hearing is otherwise postponed or delayed solely at the instance

of someone other than the individual charged, the judge shall immediately order that

the individual's license certificate or any nonresident reciprocity privilege be restored

pending the rescheduled preliminary hearing. At the preliminary hearing, the parties shall proceed on the papers submitted to the

judge, including the summons, the police reports and the charged individual's prior

driving record submitted by the division, and any brief affidavits permitted by the

judge from persons who shall be witnesses at the final hearing, and the parties may

present oral arguments. Based on the papers, on any oral argument, on the individual's prior driving record,

and on the circumstances of the alleged violation presented in the papers, the judge

shall immediately determine whether the individual was properly charged with a violation

of the law and a death occurred; and, if so, whether in the interest of public safety,

the preliminary suspension shall be continued pending the final agency decision on

the matter. The administrative law judge shall transmit his findings to the director. Any plenary hearing to contest the proposed final agency action shall conform to the

requirements for a plenary hearing contained in subsection b. of this section. f. In addition to any other final agency action, the director shall require any person

whose privileges to operate a motor vehicle or motorized bicycle are suspended or

who has been prohibited from obtaining a license, pursuant to this section, to be

reexamined to determine the person's ability to operate a motor vehicle or motorized

bicycle, prior to regaining or obtaining any driving privileges in this State. Any determination resulting from any preliminary or plenary hearing held pursuant

to subsection b., c., or e. of this section shall not be admissible at any criminal

or quasi-criminal proceedings on the alleged violation or violations. g. In addition to any other requirements imposed by statute or regulation, as a condition

for the restoration of a revoked or suspended license issued under the provisions

of the “New Jersey Commercial Driver License Act,” P.L.1990, c. 103 ( C.39:3-10.9 et seq. ), the person whose commercial driving privileges are revoked or suspended shall successfully

complete a commercial driver improvement program. The director, in accordance with the provisions of the “Administrative Procedure

Act,” P.L.1968, c. 410 ( C.52:14B-1 et seq. ), shall promulgate rules and regulations prescribing the scope and content of the

program, the qualifications of third parties that may offer a commercial driver improvement

program, a fee schedule for persons attending a commercial driver improvement program

and such other matters as the director may deem appropriate and necessary. The successful completion of a commercial driver improvement program pursuant to

this subsection shall not entitle a person to any reduction in the points assessed

and recorded under P.L.1982, c. 43 ( C.39:5-30.5 et seq. ). In addition, the director may also require a person holding a commercial driver's

license pursuant to P.L.1990, c. 103 ( C.39:3-10.9 et seq. ) who receives 12 or more points during a 24-month period to complete a commercial

driver improvement program successfully or face full suspension of the commercial

driver's license driving privilege.