Vermont § 671 - Procedure

§ 671. Procedure

• (a) In the Commissioner’s discretion, the Commissioner may suspend indefinitely or for
  a definite time the license of an operator, or the right of an unlicensed individual
  to operate a motor vehicle, after opportunity for a hearing upon not less than 15
  days’ notice, if the Commissioner has reason to believe that the holder of the license
  or right to operate is an individual who is incompetent to operate a motor vehicle
  or is operating improperly so as to endanger the public. If, upon receipt of such
  notice, the individual requests a hearing, the suspension shall not take effect unless
  the Commissioner, after hearing, determines that the suspension is justified. If the
  Commissioner imposes a suspension, the Commissioner may order the license delivered
  to the Commissioner. Not less than six months from the date of suspension and after
  each subsequent six months, an individual upon whom such suspension has been imposed
  may apply for reinstatement of the individual’s license or right to operate or for
  a new license. Upon receipt of such application, the Commissioner shall cause an investigation
  to be made and, if so requested, conduct a hearing to determine whether such suspension
  should be continued in effect. (b) In his or her discretion, the Commissioner may suspend for a period not exceeding
  15 days the license of an operator, or the right of an unlicensed individual to operate
  a motor vehicle, without hearing, whenever he or she finds upon full reports submitted
  by an enforcement officer or motor vehicle inspector that the safety of the public
  has been or will be imperiled as a result of the operation of a motor vehicle by such
  operator or unlicensed individual. (c) The Commissioner may suspend the license of an operator, or the right of an unlicensed
  individual to operate a motor vehicle, while a prosecution for an offense under this
  title is pending against such individual if: (1) the Commissioner finds upon full reports submitted to him or her by an enforcement
  officer or motor vehicle inspector that the safety of the public will be imperiled
  by permitting such operator or such unlicensed individual to operate a motor vehicle;
  or (2) the Commissioner finds that such operator is seeking to delay the prosecution. (d) The Commissioner shall not suspend the license of an operator, or the right of an
  unlicensed individual to operate a motor vehicle, for any cause that has constituted
  the subject matter of a prosecution in which the conviction of such individual has
  not been obtained. (e) The Commissioner shall revoke licenses obtained fraudulently. The Commissioner shall
  also revoke licenses when required by law, and such revocation shall not entitle the
  holder of such license to hearing. (f) If a hearing is required under the provisions of this section, it shall be held in
  accordance with the provisions of sections 105-107 of this title and at such time and place as the Commissioner may determine. It shall be in the
  discretion of the Commissioner to determine the granting of a hearing and subsequent
  hearing in response to a petition for a hearing in connection with suspension orders
  issued under the provisions of subsections (b) and (c) of this section. (g) Notwithstanding subsection (d) of this section, if the Commissioner receives official
  notice, in any form he or she deems appropriate, that an individual’s right to operate
  a motor vehicle has been suspended or revoked in another jurisdiction, the Commissioner
  may suspend the individual’s license or right to operate a motor vehicle in this State
  after the opportunity for a hearing upon not less than 15 days’ notice. If the individual’s
  license or right to operate is subsequently reinstated by the other jurisdiction,
  the individual may apply to the Commissioner for reinstatement of his or her license
  or right to operate a motor vehicle in this State. (Amended 1977, No. 238 (Adj. Sess.), § 2, eff. July 1, 1979; 1979, No. 79, § 1, eff. May 10, 1979; 1995, No. 112 (Adj. Sess.), § 10; 2013, No. 96 (Adj. Sess.), § 144; 2015, No. 47, § 18; 2019, No. 131 (Adj. Sess.), § 156; 2019, No. 149 (Adj. Sess.), § 9; 2023, No. 85 (Adj. Sess.), § 274, eff. July 1, 2024.)