HB 2417: Administrative Driver's License Revocation; Notice; Disclosure
- Session Year: 2025-2026
- House: House
- Latest Version Date: 2026-05-01
Current Status:
Passed
(2026-06-04: Act 071, on 06/03/2026 (Gov. Msg. No. 1171).)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
Clarifies administrative driver's license revocation procedures by specifying the effect of the notice of administrative revocation and conforming related administrative review and hearing provisions. (CD1)
Clarifies administrative driver's license revocation procedures by specifying the effect of the notice of administrative revocation and conforming related administrative review and hearing provisions. Effective 7/1/3000. (SD1)
Clarifies administrative driver's license revocation procedures by specifying the effect of the notice of administrative revocation and conforming related administrative review and hearing provisions. Effective 7/1/3000. (HD2)
Clarifies administrative driver's license revocation procedures by establishing the notice of administrative revocation as official notice of the starting date for administrative driver's license revocation. Effective 7/1/3000. (HD1)
Clarifies administrative driver's license revocation procedures by requiring timely disclosure of documents, aligning review timelines, and standardizing administrative review and hearing processes.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2417 |
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THIRTY-THIRD LEGISLATURE, 2026 |
H.D. 2 |
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STATE OF HAWAII |
S.D. 1 |
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C.D. 1 |
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A BILL FOR AN ACT
RELATING TO ADMINISTRATIVE LICENSE REVOCATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 291E-31, Hawaii Revised Statutes, is amended to read as follows:
"§291E-31 Notice of administrative revocation; effect. As used in this part, the notice of administrative revocation:
(1) Establishes that
the respondent's license and privilege to operate a vehicle in the State or on
or in the waters of the State shall be [terminated:] administratively
revoked:
(A) Thirty days after the date the notice of administrative revocation is issued in the case of an alcohol related offense;
(B) Forty-four days after the date the notice of administrative revocation is issued in the case of a drug related offense; or
(C) [Such] If
the respondent requests an administrative hearing, then at a later date as
is established by the director under section 291E-38,
[if] unless and until
the director [administratively revokes the respondent's license and
privilege;] rescinds the administrative revocation;
(2) Establishes the date on which administrative revocation proceedings against the respondent were initiated;
(3) Serves as a temporary permit, if applicable, to operate a vehicle as provided in section 291E-33; and
(4) Notifies the respondent that the respondent shall obtain an ignition interlock permit and keep an ignition interlock device installed and operating in any vehicle the respondent operates during the revocation period if the respondent had a valid license at the time of the arrest."
SECTION 2. Section 291E-34, Hawaii Revised Statutes, is amended by amending subsections (c) through (i) to read as follows:
"(c) The notice shall provide, at a minimum, the following information relating to the administrative review:
(1) That the review is automatic;
(2) That the respondent, within three days of the issuance of the notice of administrative revocation in the case of an alcohol related offense and within seventeen days of the issuance of the notice of administrative revocation in the case of a drug related offense, may submit written information demonstrating why the respondent's license and privilege to operate a vehicle should not be administratively revoked;
(3) The address [or],
location, or electronic mailing address where the respondent may submit
the information;
(4) That the respondent is not entitled to be present or represented at the administrative review; and
(5) That the administrative review decision shall be mailed to the respondent:
(A) No later than [eight]
fourteen days after the date of the issuance of the notice of
administrative revocation in the case of an alcohol related offense; and
(B) No later than [twenty-two]
twenty-eight days after the date of the issuance of the notice of
administrative revocation in the case of a drug related offense[.];
provided that if the administrative review decision is not mailed to the respondent within such period, the administrative revocation shall take effect thirty days or forty-four days after the date the notice of administrative revocation was issued, as applicable, unless and until the director rescinds the administrative revocation.
(d)
The notice shall state that, if [the respondent's license and
privilege to operate a vehicle is not administratively revoked] after the
review, the [respondent's license shall be returned, unless a subsequent
alcohol or drug enforcement contact has occurred, along with] director
rescinds the administrative revocation, the respondent shall be given a
certified statement that the administrative revocation proceedings have been
terminated[.] and, unless a subsequent alcohol or drug enforcement
contact has occurred, the respondent's license shall be returned.
(e)
The notice shall state that, if the administrative review affirms the
revocation of the respondent's license and privilege to operate a vehicle [is
administratively revoked after the review], a review decision shall
be mailed to the respondent, or to the parent or guardian of the respondent if
the respondent is under the age of eighteen, that shall contain, at a minimum,
the following information:
(1) The reasons why revocation
of the respondent's license and privilege to operate a vehicle is [administratively
revoked;] affirmed;
(2) That the respondent may request the director, within six days of the date the review decision is mailed, to schedule an administrative hearing to review the administrative revocation;
(3) That, if the respondent's request for an administrative hearing is received by the director within six days of the date the review decision was mailed, the hearing shall be scheduled to commence:
(A) No later than twenty-five days after the date of the issuance of the notice of administrative revocation in the case of an alcohol related offense; and
(B) No later than thirty-nine days after the date of the issuance of the notice of administrative revocation in the case of a drug related offense;
(4) The procedure to request an administrative hearing;
(5) That failure to
request an administrative hearing within the time provided shall cause the
administrative revocation to [take] remain in effect [for the
period and] under the conditions established by the director in the review
decision;
(6) That the respondent may regain the right to a hearing by requesting the director, within sixty days after the issuance of the notice of administrative revocation, to schedule a hearing;
(7) That the director shall schedule the hearing to commence no later than thirty days after the date a request under paragraph (6) is received, but that, except as provided in section 291E-38(j), the temporary permit shall not be extended if the respondent fails to request an administrative hearing within the initial six-day period provided for that purpose;
(8) That failure to
attend the hearing shall cause the administrative revocation to [take] remain
in effect for the period and under the conditions indicated;
(9) The duration of
the administrative revocation and other conditions that may be imposed,
including[:] referral to the driver's education program for an
assessment of the respondent's substance abuse or dependence and the need for
treatment; and
(10) That the respondent shall obtain an ignition interlock permit in order to operate a vehicle during the revocation period if the respondent had a valid license at the time of the arrest.
(f) The notice shall provide, at a minimum, the following information relating to administrative hearings:
(1) That the respondent shall have six days from the date the administrative review decision was mailed to request that an administrative hearing be scheduled;
(2) That a request for
an administrative hearing and payment of a $30 fee, unless waived pursuant to
section 291E‑39, shall entitle the respondent to review and copy, [prior
to] before the hearing, all documents that were considered at the
administrative review, including the arrest report and the sworn statements;
(3) That the respondent may be represented by an attorney, submit evidence, give testimony, and present and cross-examine witnesses;
(4) That, in cases where the respondent is under the age of eighteen, a parent or guardian must be present; and
(5) That a written hearing decision shall be mailed no later than five days after completion of the hearing.
(g)
The notice shall state that, if the administrative revocation is [reversed]
rescinded after the hearing, the [respondent's license shall be
returned, along with] respondent shall be given a certified
statement that the administrative revocation proceedings have been terminated[.]
and, unless a subsequent alcohol or drug enforcement contact has occurred,
the respondent's license shall be returned.
(h)
The notice shall state that, if the administrative revocation is [sustained]
affirmed at the hearing, a written hearing decision shall be
mailed to the respondent, or to the parent or guardian of the respondent if the
respondent is under the age of eighteen, that shall contain, at a minimum, the
following information:
(1) The effective date of the administrative revocation;
(2) The duration of the administrative revocation;
(3) Other conditions that may be imposed by law, including the use of an ignition interlock device; and
(4) The right to obtain judicial review.
(i)
The notice shall state that failure of the respondent, or of the parent
or guardian of the respondent if the respondent is under the age of eighteen,
to attend a scheduled hearing shall cause the administrative revocation to [take]
remain in effect as provided in the administrative review decision."
SECTION 3. Section 291E-36, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Whenever a respondent has been arrested for a violation of section 291E-61 or 291E-61.5 and submits to a test that establishes: the respondent's alcohol concentration was .08 or more; the presence, in the respondent's blood or urine, of any drug that is capable of impairing the respondent's ability to operate a vehicle in a careful and prudent manner; or whenever a respondent has been involved in a collision resulting in injury or death and a blood or urine test performed pursuant to section 291E-21 establishes that the respondent's alcohol concentration was .08 or more or establishes the presence in the respondent's blood or urine of any drug that is capable of impairing the respondent's ability to operate a vehicle in a careful and prudent manner, the following shall be forwarded immediately to the director:
(1) A copy of the arrest report or the report of the law enforcement officer who issued the notice of administrative revocation to the person involved in a collision resulting in injury or death and the sworn statement of the arresting law enforcement officer or the officer who issued the notice of administrative revocation, stating facts that establish that:
(A) There was 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 respondent was tested pursuant to section 291E-21;
(B) There was probable cause to believe that the respondent had been operating the vehicle while under the influence of an intoxicant; and
(C) The respondent agreed to be tested or the person was tested pursuant to section 291E-21;
(2) In a case involving an alcohol related offense, the sworn statement of the person responsible for maintenance of the testing equipment, stating facts that establish that, pursuant to section 321-161 and rules adopted thereunder:
(A) The equipment used to conduct the test was approved for use as an alcohol testing device in this State;
(B) The person had been trained and at the time the test was conducted was certified and capable of maintaining the testing equipment; and
(C) The testing equipment used had been properly maintained and was in good working condition when the test was conducted;
(3) In a case involving an alcohol related offense, the sworn statement of the person who conducted the test, stating facts that establish that, pursuant to section 321-161 and rules adopted thereunder:
(A) The person was trained and at the time the test was conducted was certified and capable of operating the testing equipment;
(B) The person followed the procedures established for conducting the test;
(C) The equipment used to conduct the test functioned in accordance with operating procedures and indicated that the respondent's alcohol concentration was at, or above, the prohibited level; and
(D) The person whose breath or blood was tested is the respondent;
(4) In a case involving a drug related offense, the sworn statement of the person responsible for maintenance of the testing equipment, stating facts that establish that, pursuant to section 321-161 and rules adopted thereunder:
(A) The equipment used to conduct the test was approved for use in drug testing;
(B) The person [conducting
the test] had been trained and, at the time of the test, was certified and
capable of maintaining the testing equipment; and
(C) The testing equipment used had been properly maintained and was in good working condition when the test was conducted;
(5) In a case involving a drug related offense, the sworn statement of the person who conducted the test, stating facts that establish that, pursuant to section 321-161 and rules adopted thereunder:
(A) At the time the test was conducted, the person was trained and capable of operating the testing equipment;
(B) The person followed the procedures established for conducting the test;
(C) The equipment used to conduct the test functioned in accordance with operating procedures and indicated the presence of one or more drugs or their metabolites in the respondent's blood or urine; and
(D) The person whose blood or urine was tested is the respondent;
(6) A copy of the notice of administrative revocation issued by the law enforcement officer to the respondent;
(7) Any license taken into possession by the law enforcement officer; and
(8) A listing of any prior alcohol or drug enforcement contacts involving the respondent."
SECTION 4. Section 291E-37, Hawaii Revised Statutes, is amended as follows:
1. By amending subsections (a) and (b) to read:
"(a) The director shall automatically review the
issuance of a notice of administrative revocation and shall issue a written review
decision [administratively revoking] affirming administrative
revocation of the license and privilege to operate a vehicle or rescinding
the notice of administrative revocation.
The written review decision shall be 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:
(1) Fourteen days after the date the notice was issued in a case involving an alcohol related offense; or
(2) Twenty-eight days after the date the notice was issued in a case involving a drug related offense.
(b)
The respondent shall have the opportunity to demonstrate in writing why
the respondent's license and privilege to operate a vehicle should not be
administratively revoked and, within three days of receiving the notice of
administrative revocation, as provided in section 291E-33, shall submit any
written information[, either] by mail, electronic mail, or in
person, to the director's office or to any office or address designated by the
director for that purpose."
2. By amending subsections (d) through (g) to read:
"(d) The director shall [administratively
revoke] affirm the administrative revocation of the respondent's
license and privilege to operate a vehicle if the director determines that:
(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;
(2) There existed probable cause to believe that the respondent operated the vehicle while under the influence of an intoxicant; and
(3) The evidence proves by a preponderance that:
(A) The respondent operated the vehicle while under the influence of an intoxicant; or
(B) The respondent operated the vehicle and refused to submit to a breath, blood, or urine test after being informed:
(i) That the person may refuse to submit to testing in compliance with section 291E-11; and
(ii) 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.
(e)
If the evidence does not support administrative revocation, the director
shall rescind the notice of administrative revocation [and return the
respondent's license along with], provide a certified statement that
administrative revocation proceedings have been terminated[.], and,
unless a subsequent alcohol or drug enforcement contact has occurred, return
the respondent's license.
(f)
If the director [administratively revokes] affirms the
administrative revocation of the respondent's license and privilege to
operate a vehicle, the director shall mail a written review decision to the
respondent, or to the parent or guardian of the respondent if the respondent is
under the age of eighteen. The written
review decision shall:
(1) State the reasons for the administrative revocation;
(2) Indicate that the
respondent has six days from the date the written review decision is
mailed to request an administrative hearing to [review] contest
the director's written review decision;
(3) Explain the procedure by which to request an administrative hearing;
(4) Be accompanied by a form, postage prepaid, that the respondent may fill out and mail in order to request an administrative hearing;
(5) Inform the
respondent of the right to review and copy all documents considered at the
review, including the arrest report and the sworn statements of law enforcement
officers or other persons, [prior to] before the hearing; and
(6) State that the respondent may be represented by counsel at the hearing, submit evidence, give testimony, and present and cross-examine witnesses, including the arresting law enforcement officer.
(g)
Failure of the respondent to request a hearing within the time provided
in section 291E-38(a) shall cause the administrative revocation to [take]
remain in effect for the period and under the conditions provided in the
administrative review decision issued by the director under this section. The respondent may regain the right to an
administrative hearing by requesting the director, within sixty days of the
issuance of the notice of administrative revocation as provided in section 291E-33,
to schedule an administrative hearing.
The administrative hearing shall then be scheduled to commence no
later than thirty days after the date the request for hearing is
received by the director. The
administrative review decision issued by the director under this section shall
explain clearly the consequences of failure to request an administrative
hearing and the procedure by which the respondent may regain the right to a
hearing."
SECTION 5. Section 291E-38, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) If the director [administratively revokes]
affirms the administrative revocation of the respondent's license and
privilege to operate a vehicle after the administrative review, the respondent
may request an administrative hearing to review the administrative review
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 review decision
is mailed, the hearing shall be scheduled to commence no later than:
(1) Twenty-five days from the date the notice of administrative revocation was issued in a case involving an alcohol related offense; or
(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)."
SECTION 6. Section 291E-41, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Unless an administrative revocation is [reversed]
rescinded or the temporary permit is extended by the
director, administrative revocation shall become effective on the day specified
in the notice of administrative revocation.
Except as provided in section 291E-44.5, no license to operate a vehicle
shall be restored under any circumstances during the administrative revocation
period. Upon completion of the
administrative revocation period, the respondent may reapply and be reissued a
license pursuant to section 291E-45."
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act shall take effect upon its approval.
Report Title:
Administrative Driver's License Revocation; Notice; Disclosure
Description:
Clarifies administrative driver's license revocation procedures by specifying the effect of the notice of administrative revocation and conforming related administrative review and hearing provisions. (CD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2417 |
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THIRTY-THIRD LEGISLATURE, 2026 |
H.D. 2 |
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STATE OF HAWAII |
S.D. 1 |
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A BILL FOR AN ACT
RELATING TO ADMINISTRATIVE LICENSE REVOCATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 291E-31, Hawaii Revised Statutes, is amended to read as follows:
"§291E-31 Notice of administrative revocation; effect. As used in this part, the notice of administrative revocation:
(1) Establishes that
the respondent's license and privilege to operate a vehicle in the State or on
or in the waters of the State shall be [terminated:] administratively
revoked:
(A) Thirty days after the date the notice of administrative revocation is issued in the case of an alcohol related offense;
(B) Forty-four days after the date the notice of administrative revocation is issued in the case of a drug related offense; or
(C) [Such] If
the respondent requests an administrative hearing, then at a later date as
is established by the director under section 291E-38,
[if] unless the
director [administratively revokes the respondent's license and privilege;]
rescinds the administrative revocation;
(2) Establishes the date on which administrative revocation proceedings against the respondent were initiated;
(3) Serves as a temporary permit, if applicable, to operate a vehicle as provided in section 291E-33; and
(4) Notifies the respondent that the respondent shall obtain an ignition interlock permit and keep an ignition interlock device installed and operating in any vehicle the respondent operates during the revocation period if the respondent had a valid license at the time of the arrest."
SECTION 2. Section 291E-34, Hawaii Revised Statutes, is amended by amending subsections (c) through (i) to read as follows:
"(c) The notice shall provide, at a minimum, the following information relating to the administrative review:
(1) That the review is automatic;
(2) That the respondent, within three days of the issuance of the notice of administrative revocation in the case of an alcohol related offense and within seventeen days of the issuance of the notice of administrative revocation in the case of a drug related offense, may submit written information demonstrating why the respondent's license and privilege to operate a vehicle should not be administratively revoked;
(3) The address [or],
location, or electronic mailing address where the respondent may submit
the information;
(4) That the respondent is not entitled to be present or represented at the administrative review; and
(5) That the administrative review decision shall be mailed to the respondent:
(A) No later than [eight]
fourteen days after the date of the issuance of the notice of
administrative revocation in the case of an alcohol related offense; and
(B) No later than [twenty-two]
twenty-eight days after the date of the issuance of the notice of
administrative revocation in the case of a drug related offense.
(d)
The notice shall state that, if [the respondent's license and
privilege to operate a vehicle is not administratively revoked] after the
review, the [respondent's license shall be returned, unless a subsequent
alcohol or drug enforcement contact has occurred, along with] director
rescinds the administrative revocation, the respondent shall be given a
certified statement that the administrative revocation proceedings have been
terminated[.] and, unless a subsequent alcohol or drug enforcement
contact has occurred, the respondent's license shall be returned.
(e)
The notice shall state that, if the administrative review affirms the
revocation of the respondent's license and privilege to operate a vehicle [is
administratively revoked after the review], a review decision shall
be mailed to the respondent, or to the parent or guardian of the respondent if
the respondent is under the age of eighteen, that shall contain, at a minimum,
the following information:
(1) The reasons why revocation
of the respondent's license and privilege to operate a vehicle is [administratively
revoked;] affirmed;
(2) That the respondent may request the director, within six days of the date the review decision is mailed, to schedule an administrative hearing to review the administrative revocation;
(3) That, if the respondent's request for an administrative hearing is received by the director within six days of the date the review decision was mailed, the hearing shall be scheduled to commence:
(A) No later than twenty-five days after the date of the issuance of the notice of administrative revocation in the case of an alcohol related offense; and
(B) No later than thirty-nine days after the date of the issuance of the notice of administrative revocation in the case of a drug related offense;
(4) The procedure to request an administrative hearing;
(5) That failure to
request an administrative hearing within the time provided shall cause the
administrative revocation to [take] remain in effect [for the
period and] under the conditions established by the director in the review
decision;
(6) That the respondent may regain the right to a hearing by requesting the director, within sixty days after the issuance of the notice of administrative revocation, to schedule a hearing;
(7) That the director shall schedule the hearing to commence no later than thirty days after the date a request under paragraph (6) is received, but that, except as provided in section 291E-38(j), the temporary permit shall not be extended if the respondent fails to request an administrative hearing within the initial six-day period provided for that purpose;
(8) That failure to
attend the hearing shall cause the administrative revocation to [take] remain
in effect for the period and under the conditions indicated;
(9) The duration of
the administrative revocation and other conditions that may be imposed,
including[:] referral to the driver's education program for an
assessment of the respondent's substance abuse or dependence and the need for
treatment; and
(10) That the respondent shall obtain an ignition interlock permit in order to operate a vehicle during the revocation period if the respondent had a valid license at the time of the arrest.
(f) The notice shall provide, at a minimum, the following information relating to administrative hearings:
(1) That the respondent shall have six days from the date the administrative review decision was mailed to request that an administrative hearing be scheduled;
(2) That a request for an administrative hearing
and payment of a $30 fee, unless waived pursuant to section 291E‑39,
shall entitle the respondent to review and copy, [prior to] before
the hearing, all documents that were considered at the administrative review,
including the arrest report and the sworn statements;
(3) That the respondent may be represented by an attorney, submit evidence, give testimony, and present and cross-examine witnesses;
(4) That, in cases where the respondent is under the age of eighteen, a parent or guardian must be present; and
(5) That a written hearing decision shall be mailed no later than five days after completion of the hearing.
(g)
The notice shall state that, if the administrative revocation is [reversed]
rescinded after the hearing, the [respondent's license shall be
returned, along with] respondent shall be given a certified
statement that the administrative revocation proceedings have been terminated[.]
and, unless a subsequent alcohol or drug enforcement contact has occurred,
the respondent's license shall be returned.
(h)
The notice shall state that, if the administrative revocation is [sustained]
affirmed at the hearing, a written hearing decision shall be
mailed to the respondent, or to the parent or guardian of the respondent if the
respondent is under the age of eighteen, that shall contain, at a minimum, the
following information:
(1) The effective date of the administrative revocation;
(2) The duration of the administrative revocation;
(3) Other conditions that may be imposed by law, including the use of an ignition interlock device; and
(4) The right to obtain judicial review.
(i) The notice shall state that failure of the
respondent, or of the parent or guardian of the respondent if the respondent is
under the age of eighteen, to attend a scheduled hearing shall cause the
administrative revocation to [take] remain in effect as provided
in the administrative review decision."
SECTION 3. Section 291E-36, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Whenever a respondent has been arrested for a violation of section 291E-61 or 291E-61.5 and submits to a test that establishes: the respondent's alcohol concentration was .08 or more; the presence, in the respondent's blood or urine, of any drug that is capable of impairing the respondent's ability to operate a vehicle in a careful and prudent manner; or whenever a respondent has been involved in a collision resulting in injury or death and a blood or urine test performed pursuant to section 291E-21 establishes that the respondent's alcohol concentration was .08 or more or establishes the presence in the respondent's blood or urine of any drug that is capable of impairing the respondent's ability to operate a vehicle in a careful and prudent manner, the following shall be forwarded immediately to the director:
(1) A copy of the arrest report or the report of the law enforcement officer who issued the notice of administrative revocation to the person involved in a collision resulting in injury or death and the sworn statement of the arresting law enforcement officer or the officer who issued the notice of administrative revocation, stating facts that establish that:
(A) There was 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 respondent was tested pursuant to section 291E-21;
(B) There was probable cause to believe that the respondent had been operating the vehicle while under the influence of an intoxicant; and
(C) The respondent agreed to be tested or the person was tested pursuant to section 291E-21;
(2) In a case involving an alcohol related offense, the sworn statement of the person responsible for maintenance of the testing equipment, stating facts that establish that, pursuant to section 321-161 and rules adopted thereunder:
(A) The equipment used to conduct the test was approved for use as an alcohol testing device in this State;
(B) The person had been trained and at the time the test was conducted was certified and capable of maintaining the testing equipment; and
(C) The testing equipment used had been properly maintained and was in good working condition when the test was conducted;
(3) In a case involving an alcohol related offense, the sworn statement of the person who conducted the test, stating facts that establish that, pursuant to section 321-161 and rules adopted thereunder:
(A) The person was trained and at the time the test was conducted was certified and capable of operating the testing equipment;
(B) The person followed the procedures established for conducting the test;
(C) The equipment used to conduct the test functioned in accordance with operating procedures and indicated that the respondent's alcohol concentration was at, or above, the prohibited level; and
(D) The person whose breath or blood was tested is the respondent;
(4) In a case involving a drug related offense, the sworn statement of the person responsible for maintenance of the testing equipment, stating facts that establish that, pursuant to section 321-161 and rules adopted thereunder:
(A) The equipment used to conduct the test was approved for use in drug testing;
(B) The person [conducting
the test] had been trained and, at the time of the test, was certified and
capable of maintaining the testing equipment; and
(C) The testing equipment used had been properly maintained and was in good working condition when the test was conducted;
(5) In a case involving a drug related offense, the sworn statement of the person who conducted the test, stating facts that establish that, pursuant to section 321-161 and rules adopted thereunder:
(A) At the time the test was conducted, the person was trained and capable of operating the testing equipment;
(B) The person followed the procedures established for conducting the test;
(C) The equipment used to conduct the test functioned in accordance with operating procedures and indicated the presence of one or more drugs or their metabolites in the respondent's blood or urine; and
(D) The person whose blood or urine was tested is the respondent;
(6) A copy of the notice of administrative revocation issued by the law enforcement officer to the respondent;
(7) Any license taken into possession by the law enforcement officer; and
(8) A listing of any prior alcohol or drug enforcement contacts involving the respondent."
SECTION 4. Section 291E-37, Hawaii Revised Statutes, is amended as follows:
1. By amending subsections (a) and (b) to read:
"(a) The director shall automatically review the
issuance of a notice of administrative revocation and shall issue a written review
decision [administratively revoking] affirming administrative
revocation of the license and privilege to operate a vehicle or rescinding
the notice of administrative revocation.
The written review decision shall be 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:
(1) Fourteen days after the date the notice was issued in a case involving an alcohol related offense; or
(2) Twenty-eight days after the date the notice was issued in a case involving a drug related offense.
(b)
The respondent shall have the opportunity to demonstrate in writing why
the respondent's license and privilege to operate a vehicle should not be
administratively revoked and, within three days of receiving the notice of
administrative revocation, as provided in section 291E-33, shall submit any
written information[, either] by mail, electronic mail, or in
person, to the director's office or to any office or address designated by the
director for that purpose."
2. By amending subsections (d) through (g) to read:
"(d) The director shall [administratively
revoke] affirm the administrative revocation of the respondent's
license and privilege to operate a vehicle if the director determines that:
(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;
(2) There existed probable cause to believe that the respondent operated the vehicle while under the influence of an intoxicant; and
(3) The evidence proves by a preponderance that:
(A) The respondent operated the vehicle while under the influence of an intoxicant; or
(B) The respondent operated the vehicle and refused to submit to a breath, blood, or urine test after being informed:
(i) That the person may refuse to submit to testing in compliance with section 291E-11; and
(ii) 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.
(e)
If the evidence does not support administrative revocation, the director
shall rescind the notice of administrative revocation [and return the
respondent's license along with], provide a certified statement that
administrative revocation proceedings have been terminated[.], and,
unless a subsequent alcohol or drug enforcement contact has occurred, return
the respondent's license.
(f)
If the director [administratively revokes] affirms the
administrative revocation of the respondent's license and privilege to
operate a vehicle, the director shall mail a written review decision to the
respondent, or to the parent or guardian of the respondent if the respondent is
under the age of eighteen. The written
review decision shall:
(1) State the reasons for the administrative revocation;
(2) Indicate that the
respondent has six days from the date the written review decision is
mailed to request an administrative hearing to [review] contest
the director's written review decision;
(3) Explain the procedure by which to request an administrative hearing;
(4) Be accompanied by a form, postage prepaid, that the respondent may fill out and mail in order to request an administrative hearing;
(5) Inform the
respondent of the right to review and copy all documents considered at the
review, including the arrest report and the sworn statements of law enforcement
officers or other persons, [prior to] before the hearing; and
(6) State that the respondent may be represented by counsel at the hearing, submit evidence, give testimony, and present and cross-examine witnesses, including the arresting law enforcement officer.
(g)
Failure of the respondent to request a hearing within the time provided
in section 291E-38(a) shall cause the administrative revocation to [take]
remain in effect for the period and under the conditions provided in the
administrative review decision issued by the director under this section. The respondent may regain the right to an
administrative hearing by requesting the director, within sixty days of the
issuance of the notice of administrative revocation as provided in section 291E-33,
to schedule an administrative hearing.
The administrative hearing shall then be scheduled to commence no
later than thirty days after the date the request for hearing is
received by the director. The
administrative review decision issued by the director under this section shall
explain clearly the consequences of failure to request an administrative
hearing and the procedure by which the respondent may regain the right to a
hearing."
SECTION 5. Section 291E-38, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) If the director [administratively revokes]
affirms the administrative revocation of the respondent's license and
privilege to operate a vehicle after the administrative review, the respondent
may request an administrative hearing to review the administrative review
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 review decision
is mailed, the hearing shall be scheduled to commence no later than:
(1) Twenty-five days from the date the notice of administrative revocation was issued in a case involving an alcohol related offense; or
(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)."
SECTION 6. Section 291E-41, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Unless an administrative revocation is [reversed]
rescinded or the temporary permit is extended by the
director, administrative revocation shall become effective on the day specified
in the notice of administrative revocation.
Except as provided in section 291E-44.5, no license to operate a vehicle
shall be restored under any circumstances during the administrative revocation
period. Upon completion of the
administrative revocation period, the respondent may reapply and be reissued a
license pursuant to section 291E-45."
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act shall take effect on July 1, 3000.
Report Title:
Administrative Driver's License Revocation; Notice; Disclosure
Description:
Clarifies administrative driver's license revocation procedures by specifying the effect of the notice of administrative revocation and conforming related administrative review and hearing provisions. Effective 7/1/3000. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2417 |
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THIRTY-THIRD LEGISLATURE, 2026 |
H.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO ADMINISTRATIVE LICENSE REVOCATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 291E-31, Hawaii Revised Statutes, is amended to read as follows:
"§291E-31 Notice of administrative revocation; effect. As used in this part, the notice of administrative revocation:
(1) Establishes that
the respondent's license and privilege to operate a vehicle in the State or on
or in the waters of the State shall be [terminated:] administratively
revoked:
(A) Thirty days after the date the notice of administrative revocation is issued in the case of an alcohol related offense;
(B) Forty-four days after the date the notice of administrative revocation is issued in the case of a drug related offense; or
(C) [Such] If
the respondent requests an administrative hearing, then at such later date
as is established by the director under section 291E-38,
[if] unless the
director [administratively revokes the respondent's license and privilege;]
rescinds the administrative revocation;
(2) Establishes the date on which administrative revocation proceedings against the respondent were initiated;
(3) Serves as a temporary permit, if applicable, to operate a vehicle as provided in section 291E-33; and
(4) Notifies the respondent that the respondent shall obtain an ignition interlock permit and keep an ignition interlock device installed and operating in any vehicle the respondent operates during the revocation period if the respondent had a valid license at the time of the arrest."
SECTION 2. Section 291E-34, Hawaii Revised Statutes, is amended by amending subsections (c) to (i) to read as follows:
"(c) The notice shall provide, at a minimum, the following information relating to the administrative review:
(1) That the review is automatic;
(2) That the respondent, within three days of the issuance of the notice of administrative revocation in the case of an alcohol related offense and within seventeen days of the issuance of the notice of administrative revocation in the case of a drug related offense, may submit written information demonstrating why the respondent's license and privilege to operate a vehicle should not be administratively revoked;
(3) The address [or],
location, or electronic mailing address where the respondent may submit
the information;
(4) That the respondent is not entitled to be present or represented at the administrative review; and
(5) That the administrative review decision shall be mailed to the respondent:
(A) No later than [eight]
fourteen days after the date of the issuance of the notice of
administrative revocation in the case of an alcohol related offense; and
(B) No later than [twenty-two]
twenty-eight days after the date of the issuance of the notice of
administrative revocation in the case of a drug related offense.
(d)
The notice shall state that, if [the respondent's license and
privilege to operate a vehicle is not administratively revoked] after the
review, the [respondent's license shall be returned, unless a subsequent
alcohol or drug enforcement contact has occurred, along with] the
director rescinds the administrative revocation, the respondent shall be given
a certified statement that the administrative revocation proceedings have been
terminated[.] and, unless a subsequent alcohol or drug enforcement
contact has occurred, the respondent's license shall be returned.
(e)
The notice shall state that, if the administrative review affirms the
revocation of the respondent's license and privilege to operate a vehicle [is
administratively revoked after the review], a review decision shall
be mailed to the respondent, or to the parent or guardian of the respondent if
the respondent is under the age of eighteen, that shall contain, at a minimum,
the following information:
(1) The reasons why revocation
of the respondent's license and privilege to operate a vehicle is [administratively
revoked;] affirmed;
(2) That the respondent may request the director, within six days of the date the review decision is mailed, to schedule an administrative hearing to review the administrative revocation;
(3) That, if the respondent's request for an administrative hearing is received by the director within six days of the date the review decision was mailed, the hearing shall be scheduled to commence:
(A) No later than twenty-five days after the date of the issuance of the notice of administrative revocation in the case of an alcohol related offense; and
(B) No later than thirty-nine days after the date of the issuance of the notice of administrative revocation in the case of a drug related offense;
(4) The procedure to request an administrative hearing;
(5) That failure to
request an administrative hearing within the time provided shall cause the
administrative revocation to [take] remain in effect [for the
period and] under the conditions established by the director in the review
decision;
(6) That the respondent may regain the right to a hearing by requesting the director, within sixty days after the issuance of the notice of administrative revocation, to schedule a hearing;
(7) That the director shall schedule the hearing to commence no later than thirty days after the date a request under paragraph (6) is received, but that, except as provided in section 291E-38(j), the temporary permit shall not be extended if the respondent fails to request an administrative hearing within the initial six-day period provided for that purpose;
(8) That failure to
attend the hearing shall cause the administrative revocation to [take] remain
in effect for the period and under the conditions indicated;
(9) The duration of
the administrative revocation and other conditions that may be imposed,
including[:] referral to the driver's education program for an
assessment of the respondent's substance abuse or dependence and the need for
treatment; and
(10) That the respondent shall obtain an ignition interlock permit in order to operate a vehicle during the revocation period if the respondent had a valid license at the time of the arrest.
(f) The notice shall provide, at a minimum, the following information relating to administrative hearings:
(1) That the respondent shall have six days from the date the administrative review decision was mailed to request that an administrative hearing be scheduled;
(2) That a request for an administrative hearing
and payment of a $30 fee, unless waived pursuant to section 291E‑39,
shall entitle the respondent to review and copy, [prior to] before
the hearing, all documents that were considered at the administrative review,
including the arrest report and the sworn statements;
(3) That the respondent may be represented by an attorney, submit evidence, give testimony, and present and cross-examine witnesses;
(4) That, in cases where the respondent is under the age of eighteen, a parent or guardian must be present; and
(5) That a written hearing decision shall be mailed no later than five days after completion of the hearing.
(g)
The notice shall state that, if the administrative revocation is [reversed]
rescinded after the hearing, the [respondent's license shall be
returned, along with] respondent shall be given a certified
statement that the administrative revocation proceedings have been terminated[.]
and, unless a subsequent alcohol or drug enforcement contact has occurred,
the respondent's license shall be returned.
(h)
The notice shall state that, if the administrative revocation is [sustained]
affirmed at the hearing, a written hearing decision shall be
mailed to the respondent, or to the parent or guardian of the respondent if the
respondent is under the age of eighteen, that shall contain, at a minimum, the
following information:
(1) The effective date of the administrative revocation;
(2) The duration of the administrative revocation;
(3) Other conditions that may be imposed by law, including the use of an ignition interlock device; and
(4) The right to obtain judicial review.
(i) The notice shall state that failure of the
respondent, or of the parent or guardian of the respondent if the respondent is
under the age of eighteen, to attend a scheduled hearing shall cause the
administrative revocation to [take] remain in effect as provided
in the administrative review decision."
SECTION 3. Section 291E-36, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Whenever a respondent has been arrested for a violation of section 291E-61 or 291E-61.5 and submits to a test that establishes: the respondent's alcohol concentration was .08 or more; the presence, in the respondent's blood or urine, of any drug that is capable of impairing the respondent's ability to operate a vehicle in a careful and prudent manner; or whenever a respondent has been involved in a collision resulting in injury or death and a blood or urine test performed pursuant to section 291E-21 establishes that the respondent's alcohol concentration was .08 or more or establishes the presence in the respondent's blood or urine of any drug that is capable of impairing the respondent's ability to operate a vehicle in a careful and prudent manner, the following shall be forwarded immediately to the director:
(1) A copy of the arrest report or the report of the law enforcement officer who issued the notice of administrative revocation to the person involved in a collision resulting in injury or death and the sworn statement of the arresting law enforcement officer or the officer who issued the notice of administrative revocation, stating facts that establish that:
(A) There was 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 respondent was tested pursuant to section 291E-21;
(B) There was probable cause to believe that the respondent had been operating the vehicle while under the influence of an intoxicant; and
(C) The respondent agreed to be tested or the person was tested pursuant to section 291E-21;
(2) In a case involving an alcohol related offense, the sworn statement of the person responsible for maintenance of the testing equipment, stating facts that establish that, pursuant to section 321-161 and rules adopted thereunder:
(A) The equipment used to conduct the test was approved for use as an alcohol testing device in this State;
(B) The person had been trained and at the time the test was conducted was certified and capable of maintaining the testing equipment; and
(C) The testing equipment used had been properly maintained and was in good working condition when the test was conducted;
(3) In a case involving an alcohol related offense, the sworn statement of the person who conducted the test, stating facts that establish that, pursuant to section 321-161 and rules adopted thereunder:
(A) The person was trained and at the time the test was conducted was certified and capable of operating the testing equipment;
(B) The person followed the procedures established for conducting the test;
(C) The equipment used to conduct the test functioned in accordance with operating procedures and indicated that the respondent's alcohol concentration was at, or above, the prohibited level; and
(D) The person whose breath or blood was tested is the respondent;
(4) In a case involving a drug related offense, the sworn statement of the person responsible for maintenance of the testing equipment, stating facts that establish that, pursuant to section 321-161 and rules adopted thereunder:
(A) The equipment used to conduct the test was approved for use in drug testing;
(B) The person [conducting
the test] had been trained and, at the time of the test, was certified and
capable of maintaining the testing equipment; and
(C) The testing equipment used had been properly maintained and was in good working condition when the test was conducted;
(5) In a case involving a drug related offense, the sworn statement of the person who conducted the test, stating facts that establish that, pursuant to section 321-161 and rules adopted thereunder:
(A) At the time the test was conducted, the person was trained and capable of operating the testing equipment;
(B) The person followed the procedures established for conducting the test;
(C) The equipment used to conduct the test functioned in accordance with operating procedures and indicated the presence of one or more drugs or their metabolites in the respondent's blood or urine; and
(D) The person whose blood or urine was tested is the respondent;
(6) A copy of the notice of administrative revocation issued by the law enforcement officer to the respondent;
(7) Any license taken into possession by the law enforcement officer; and
(8) A listing of any prior alcohol or drug enforcement contacts involving the respondent."
SECTION 4. Section 291E-37, Hawaii Revised Statutes, is amended as follows:
1. By amending subsections (a) and (b) to read:
"(a) The director shall automatically review the
issuance of a notice of administrative revocation and shall issue a written review
decision [administratively revoking] affirming administrative
revocation of the license and privilege to operate a vehicle or rescinding
the notice of administrative revocation.
The written review decision shall be 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:
(1) Fourteen days after the date the notice was issued in a case involving an alcohol related offense; or
(2) Twenty-eight days after the date the notice was issued in a case involving a drug related offense.
(b)
The respondent shall have the opportunity to demonstrate in writing why
the respondent's license and privilege to operate a vehicle should not be
administratively revoked and, within three days of receiving the notice of
administrative revocation, as provided in section 291E-33, shall submit any
written information[, either] by mail, electronic mail, or in
person, to the director's office or to any office or address designated by the
director for that purpose."
2. By amending subsection (d) to (g) to read:
"(d) The director shall [administratively
revoke] affirm the administrative revocation of the respondent's
license and privilege to operate a vehicle if the director determines that:
(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;
(2) There existed probable cause to believe that the respondent operated the vehicle while under the influence of an intoxicant; and
(3) The evidence proves by a preponderance that:
(A) The respondent operated the vehicle while under the influence of an intoxicant; or
(B) The respondent operated the vehicle and refused to submit to a breath, blood, or urine test after being informed:
(i) That the person may refuse to submit to testing in compliance with section 291E-11; and
(ii) 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.
(e)
If the evidence does not support administrative revocation, the director
shall rescind the notice of administrative revocation [and return the
respondent's license along with], provide a certified statement that
administrative revocation proceedings have been terminated[.], and,
unless a subsequent alcohol or drug enforcement contact has occurred, return
the respondent's license.
(f)
If the director [administratively revokes] affirms the
administrative revocation of the respondent's license and privilege to
operate a vehicle, the director shall mail a written review decision to the
respondent, or to the parent or guardian of the respondent if the respondent is
under the age of eighteen. The written
review decision shall:
(1) State the reasons for the administrative revocation;
(2) Indicate that the
respondent has six days from the date the written review decision is
mailed to request an administrative hearing to [review] contest
the director's written review decision;
(3) Explain the procedure by which to request an administrative hearing;
(4) Be accompanied by a form, postage prepaid, that the respondent may fill out and mail in order to request an administrative hearing;
(5) Inform the
respondent of the right to review and copy all documents considered at the
review, including the arrest report and the sworn statements of law enforcement
officers or other persons, [prior to] before the hearing; and
(6) State that the respondent may be represented by counsel at the hearing, submit evidence, give testimony, and present and cross-examine witnesses, including the arresting law enforcement officer.
(g)
Failure of the respondent to request a hearing within the time provided
in section 291E-38(a) shall cause the administrative revocation to [take]
remain in effect for the period and under the conditions provided in the
administrative review decision issued by the director under this section. The respondent may regain the right to an
administrative hearing by requesting the director, within sixty days of the
issuance of the notice of administrative revocation as provided in section 291E-33,
to schedule an administrative hearing.
The administrative hearing shall then be scheduled to commence no
later than thirty days after the date the request for hearing is
received by the director. The
administrative review decision issued by the director under this section shall
explain clearly the consequences of failure to request an administrative
hearing and the procedure by which the respondent may regain the right to a
hearing."
SECTION 5. Section 291E-38, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) If the director [administratively revokes]
affirms the administrative revocation of the respondent's license and
privilege to operate a vehicle after the administrative review, the respondent
may request an administrative hearing to review the administrative review
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 review decision
is mailed, the hearing shall be scheduled to commence no later than:
(1) Twenty-five days from the date the notice of administrative revocation was issued in a case involving an alcohol related offense; or
(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)."
SECTION 6. Section 291E-41, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Unless an administrative revocation is [reversed]
rescinded or the temporary permit is extended by the
director, administrative revocation shall become effective on the day specified
in the notice of administrative revocation.
Except as provided in section 291E-44.5, no license to operate a vehicle
shall be restored under any circumstances during the administrative revocation
period. Upon completion of the
administrative revocation period, the respondent may reapply and be reissued a
license pursuant to section 291E-45."
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act shall take effect on July 1, 3000.
Report Title:
Administrative Driver's License Revocation; Notice; Disclosure
Description:
Clarifies administrative driver's license revocation procedures by specifying the effect of the notice of administrative revocation and conforming related administrative review and hearing provisions. Effective 7/1/3000. (HD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2417 |
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THIRTY-THIRD LEGISLATURE, 2026 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO ADMINISTRATIVE LICENSE REVOCATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 291E-31, Hawaii Revised Statutes, is amended to read as follows:
"§291E-31 Notice of administrative revocation; effect. As used in this part, the notice of administrative revocation:
(1) Establishes that the respondent's license and privilege to operate a vehicle in the State or on or in the waters of the State shall be terminated:
(A) Thirty days after the date the notice of administrative revocation is issued in the case of an alcohol related offense;
(B) Forty-four days after the date the notice of administrative revocation is issued in the case of a drug related offense; or
(C) [Such] If
the respondent requests an administrative hearing, then at such later date
as is established by the director under section 291E-38,
[if] unless the
director [administratively revokes the respondent's license and privilege;]
rescinds the administrative revocation;
(2) Establishes the date on which administrative revocation proceedings against the respondent were initiated;
(3) Serves as a temporary permit, if applicable, to operate a vehicle as provided in section 291E-33; and
(4) Notifies the respondent that the respondent shall obtain an ignition interlock permit and keep an ignition interlock device installed and operating in any vehicle the respondent operates during the revocation period if the respondent had a valid license at the time of the arrest."
SECTION 2. Section 291E-34, Hawaii Revised Statutes, is amended by amending subsections (c) to (i) to read as follows:
"(c) The notice shall provide, at a minimum, the following information relating to the administrative review:
(1) That the review is automatic;
(2) That the respondent, within three days of the issuance of the notice of administrative revocation in the case of an alcohol related offense and within seventeen days of the issuance of the notice of administrative revocation in the case of a drug related offense, may submit written information demonstrating why the respondent's license and privilege to operate a vehicle should not be administratively revoked;
(3) The address [or],
location, or electronic mailing address where the respondent may submit
the information;
(4) That the respondent is not entitled to be present or represented at the administrative review; and
(5) That the administrative review decision shall be mailed to the respondent:
(A) No later than eight days after the date of the issuance of the notice of administrative revocation in the case of an alcohol related offense; and
(B) No later than twenty-two days after the date of the issuance of the notice of administrative revocation in the case of a drug related offense.
(d)
The notice shall state that, if [the respondent's license and
privilege to operate a vehicle is not administratively revoked] after the
review, the director rescinds the administrative revocation, the
respondent's license shall be returned, unless a subsequent alcohol or drug
enforcement contact has occurred, along with a certified statement that the
administrative revocation proceedings have been terminated.
(e)
The notice shall state that, if the administrative review affirms the
revocation of the respondent's license and privilege to operate a vehicle [is
administratively revoked after the review], a review decision shall
be mailed to the respondent, or to the parent or guardian of the respondent if
the respondent is under the age of eighteen, that shall contain, at a minimum,
the following information:
(1) The reasons why revocation
of the respondent's license and privilege to operate a vehicle is [administratively
revoked;] affirmed;
(2) That the respondent may request the director, within six days of the date the review decision is mailed, to schedule an administrative hearing to review the administrative revocation;
(3) That, if the respondent's request for an administrative hearing is received by the director within six days of the date the review decision was mailed, the hearing shall be scheduled to commence:
(A) No later than twenty-five days after the date of the issuance of the notice of administrative revocation in the case of an alcohol related offense; and
(B) No later than thirty-nine days after the date of the issuance of the notice of administrative revocation in the case of a drug related offense;
(4) The procedure to request an administrative hearing;
(5) That failure to
request an administrative hearing within the time provided shall cause the
administrative revocation to [take] remain in effect [for the
period and] under the conditions established by the director in the review
decision;
(6) That the respondent may regain the right to a hearing by requesting the director, within sixty days after the issuance of the notice of administrative revocation, to schedule a hearing;
(7) That the director shall schedule the hearing to commence no later than thirty days after the date a request under paragraph (6) is received, but that, except as provided in section 291E-38(j), the temporary permit shall not be extended if the respondent fails to request an administrative hearing within the initial six-day period provided for that purpose;
(8) That failure to
attend the hearing shall cause the administrative revocation to [take] remain
in effect for the period and under the conditions indicated;
(9) The duration of the administrative revocation and other conditions that may be imposed, including: referral to the driver's education program for an assessment of the respondent's substance abuse or dependence and the need for treatment; and
(10) That the respondent shall obtain an ignition interlock permit in order to operate a vehicle during the revocation period if the respondent had a valid license at the time of the arrest.
(f) The notice shall provide, at a minimum, the following information relating to administrative hearings:
(1) That the respondent shall have six days from the date the administrative review decision was mailed to request that an administrative hearing be scheduled;
(2) That a request for an administrative hearing and payment of a $30 fee, unless waived pursuant to section 291E‑39, shall entitle the respondent to review and copy, prior to the hearing, all documents that were considered at the administrative review, including the arrest report and the sworn statements;
(3) That the respondent may be represented by an attorney, submit evidence, give testimony, and present and cross-examine witnesses;
(4) That, in cases where the respondent is under the age of eighteen, a parent or guardian must be present; and
(5) That a written hearing decision shall be mailed no later than five days after completion of the hearing.
(g)
The notice shall state that, if the administrative revocation is [reversed]
rescinded after the hearing, the respondent's license shall be returned,
along with a certified statement that the administrative revocation proceedings
have been terminated.
(h) The notice shall state that, if the administrative revocation is sustained at the hearing, a written hearing decision shall be mailed to the respondent, or to the parent or guardian of the respondent if the respondent is under the age of eighteen, that shall contain, at a minimum, the following information:
(1) The effective date of the administrative revocation;
(2) The duration of the administrative revocation;
(3) Other conditions that may be imposed by law, including the use of an ignition interlock device; and
(4) The right to obtain judicial review.
(i) The notice shall state that failure of the
respondent, or of the parent or guardian of the respondent if the respondent is
under the age of eighteen, to attend a scheduled hearing shall cause the
administrative revocation to [take] remain in effect as provided
in the administrative review decision."
SECTION 3. Section 291E-37, Hawaii Revised Statutes, is amended as follows:
1. By amending subsections (a) and (b) to read:
"(a) The director shall automatically review the
issuance of a notice of administrative revocation and shall issue a written review
decision [administratively revoking] affirming administrative
revocation of the license and privilege to operate a vehicle or rescinding
the notice of administrative revocation.
The written review decision shall be 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:
(1) Fourteen days after the date the notice was issued in a case involving an alcohol related offense; or
(2) Twenty-eight days after the date the notice was issued in a case involving a drug related offense.
(b)
The respondent shall have the opportunity to demonstrate in writing why
the respondent's license and privilege to operate a vehicle should not be
administratively revoked and, within three days of receiving the notice of
administrative revocation, as provided in section 291E-33, shall submit any
written information[, either] by mail, electronic mail, or in
person, to the director's office or to any office or address designated by the
director for that purpose."
2. By amending subsection (d) to read:
"(d) The director shall [administratively
revoke] affirm the administrative revocation of the respondent's
license and privilege to operate a vehicle if the director determines that:
(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;
(2) There existed probable cause to believe that the respondent operated the vehicle while under the influence of an intoxicant; and
(3) The evidence proves by a preponderance that:
(A) The respondent operated the vehicle while under the influence of an intoxicant; or
(B) The respondent operated the vehicle and refused to submit to a breath, blood, or urine test after being informed:
(i) That the person may refuse to submit to testing in compliance with section 291E-11; and
(ii) 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."
3. By amending subsections (f) and (g) to read:
"(f) If the director [administratively revokes]
affirms the administrative revocation of the respondent's license and
privilege to operate a vehicle, the director shall mail a written review
decision to the respondent, or to the parent or guardian of the respondent if
the respondent is under the age of eighteen.
The written review decision shall:
(1) State the reasons for the administrative revocation;
(2) Indicate that the
respondent has six days from the date the written review decision is
mailed to request an administrative hearing to [review] contest
the director's written review decision;
(3) Explain the procedure by which to request an administrative hearing;
(4) Be accompanied by a form, postage prepaid, that the respondent may fill out and mail in order to request an administrative hearing;
(5) Inform the respondent of the right to review and copy all documents considered at the review, including the arrest report and the sworn statements of law enforcement officers or other persons, prior to the hearing; and
(6) State that the respondent may be represented by counsel at the hearing, submit evidence, give testimony, and present and cross-examine witnesses, including the arresting law enforcement officer.
(g)
Failure of the respondent to request a hearing within the time provided
in section 291E-38(a) shall cause the administrative revocation to [take]
remain in effect for the period and under the conditions provided in the
administrative review decision issued by the director under this section. The respondent may regain the right to an
administrative hearing by requesting the director, within sixty days of the
issuance of the notice of administrative revocation as provided in section 291E-33,
to schedule an administrative hearing.
The administrative hearing shall then be scheduled to commence no
later than thirty days after the date the request for hearing is
received by the director. The
administrative review decision issued by the director under this section shall
explain clearly the consequences of failure to request an administrative
hearing and the procedure by which the respondent may regain the right to a
hearing."
SECTION 4. Section 291E-38, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) If the director [administratively revokes]
affirms the administrative revocation of the respondent's license and
privilege to operate a vehicle after the administrative review, the respondent
may request an administrative hearing to review the administrative review
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 review decision
is mailed, the hearing shall be scheduled to commence no later than:
(1) Twenty-five days from the date the notice of administrative revocation was issued in a case involving an alcohol related offense; or
(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)."
SECTION 5. Section 291E-41, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Unless an administrative revocation is [reversed]
rescinded or the temporary permit is extended by the
director, administrative revocation shall become effective on the day specified
in the notice of administrative revocation.
Except as provided in section 291E-44.5, no license to operate a vehicle
shall be restored under any circumstances during the administrative revocation
period. Upon completion of the
administrative revocation period, the respondent may reapply and be reissued a
license pursuant to section 291E-45."
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect on July 1, 3000.
Report Title:
Administrative Driver's License Revocation; Notice; Disclosure
Description:
Clarifies administrative driver's license revocation procedures by establishing the notice of administrative revocation as official notice of the starting date for administrative driver's license revocation. Effective 7/1/3000. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2417 |
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THIRTY-THIRD LEGISLATURE, 2026 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO ADMINISTRATIVE LICENSE REVOCATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 291E-31, Hawaii Revised Statutes, is amended to read as follows:
"§291E-31 Notice of administrative revocation; effect. As used in this part, the notice of administrative revocation:
(1) Establishes that the respondent's license and privilege to operate a vehicle in the State or on or in the waters of the State shall be terminated:
(A) Thirty calendar days after the date the notice of administrative revocation is issued in the case of an alcohol related offense;
(B) Forty-four calendar days after the date the notice of administrative revocation is issued in the case of a drug related offense; or
(C) Such later date as is established by the director under section 291E-38,
if the director administratively revokes the respondent's license and privilege;
(2) Establishes the date on which administrative revocation proceedings against the respondent were initiated;
(3) Serves as a temporary permit, if applicable, to operate a vehicle as provided in section 291E-33; and
(4) Notifies the respondent that the respondent shall obtain an ignition interlock permit and keep an ignition interlock device installed and operating in any vehicle the respondent operates during the revocation period if the respondent had a valid license at the time of the arrest."
SECTION 2. Section 291E-33, Hawaii Revised Statutes, is amended by amending subsections (c) and (d) to read as follows:
"(c) After taking action pursuant to subsections
(a) and (b), as applicable, the law enforcement officer shall complete and
issue to the person a notice of administrative revocation and shall indicate
thereon whether the notice shall serve as a temporary permit. The notice shall serve as a temporary permit,
unless, at the time of arrest: [the]
(1) The person
was unlicensed; [the]
(2) The
person's license or privilege to operate a vehicle was revoked or suspended; or
[the]
(3) The person had no license in the person's possession.
The notice of administrative revocation shall include the information required under section 291E-34 and inform the person of the procedures governing the provision of documents submitted for administrative review under section 291E-36.
(d)
Whenever a law enforcement officer determines that, as the result of a
blood or urine test performed pursuant to section 291E-21, there is probable
cause to believe that a person being treated in a hospital or medical facility
has violated section 291E-61 or 291E-61.5, the law enforcement officer shall
immediately [shall] take possession of any license held by the person
and shall complete and issue to the person a notice of administrative
revocation and indicate thereon whether the notice shall serve as a temporary
permit. The notice shall serve as a
temporary permit unless, at the time the notice was issued: [the]
(1) The person
was unlicensed; [the]
(2) The
person's license or privilege to operate a vehicle was revoked or suspended; or
[the]
(3) The person had no license in the person's possession.
The notice of administrative revocation shall include the information required under section 291E-34 and inform the person of the procedures governing the provision of documents submitted for administrative review under section 291E-36."
SECTION 3. Section 291E-34, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (c) to read:
"(c) The notice shall provide, at a minimum, the following information relating to the administrative review:
(1) That the review is automatic;
(2) That the
respondent, within [three days of the issuance of the notice of
administrative revocation in the case of an alcohol related offense and within
seventeen days of the issuance of the notice of administrative revocation in
the case of a drug related offense,] seven calendar days after the
documents submitted for administrative review are mailed or electronically
transmitted to the respondent pursuant to section 291E-36, may submit
written information demonstrating why the respondent's license and privilege to
operate a vehicle should not be administratively revoked;
(3) The address or location where the respondent may submit the information;
(4) That the respondent is not entitled to be present or represented at the administrative review; and
(5) That the
administrative review decision shall be mailed to the respondent[:
(A) No
later than eight days after the date of the issuance of the notice of
administrative revocation in the case of an alcohol related offense; and
(B) No
later than twenty-two days after the date of the issuance of the notice of
administrative revocation in the case of a drug related offense.] by the
applicable deadline specified in section 291E-37(a).
The notice shall inform the respondent that the documents submitted for administrative review shall be provided to the respondent in accordance with section 291E-36."
2. By amending subsections (e) and (f) to read:
"(e) The notice shall state that, if the respondent's license and privilege to operate a vehicle is administratively revoked after the review, a decision shall be mailed to the respondent, or to the parent or guardian of the respondent if the respondent is under the age of eighteen, that shall contain, at a minimum, the following information:
(1) The reasons why the respondent's license and privilege to operate a vehicle is administratively revoked;
(2) That the respondent may request the director, within six calendar days of the date the decision is mailed, to schedule an administrative hearing to review the administrative revocation;
(3) That, if the respondent's request for an administrative hearing is received by the director within six calendar days of the date the decision was mailed, the hearing shall be scheduled to commence:
(A) No later than twenty-five calendar days after the date of the issuance of the notice of administrative revocation in the case of an alcohol related offense; and
(B) No later than thirty-nine calendar days after the date of the issuance of the notice of administrative revocation in the case of a drug related offense;
(4) The procedure to request an administrative hearing;
(5) That failure to request an administrative hearing within the time provided shall cause the administrative revocation to take effect for the period and under the conditions established by the director in the decision;
(6) That the respondent may regain the right to a hearing by requesting the director, within sixty calendar days after the issuance of the notice of administrative revocation, to schedule a hearing;
(7) That the director shall schedule the hearing to commence no later than thirty calendar days after a request under paragraph (6) is received, but that, except as provided in section 291E-38(j), the temporary permit shall not be extended if the respondent fails to request an administrative hearing within the initial six-day period provided for that purpose;
(8) That failure to attend the hearing shall cause the administrative revocation to take effect for the period and under the conditions indicated;
(9) The duration of the administrative revocation and other conditions that may be imposed, including: referral to the driver's education program for an assessment of the respondent's substance abuse or dependence and the need for treatment; and
(10) That the respondent shall obtain an ignition interlock permit in order to operate a vehicle during the revocation period if the respondent had a valid license at the time of the arrest.
(f) The notice shall provide, at a minimum, the following information relating to administrative hearings:
(1) That the respondent shall have six calendar days from the date the administrative review decision was mailed to request that an administrative hearing be scheduled;
(2) That a request for an administrative hearing
and payment of a $30 fee, unless waived pursuant to section 291E-39, shall
entitle the respondent to review and copy, [prior to] before the
hearing, [all documents that were considered at] the administrative
record, consisting of the documents submitted for administrative review[,
including the arrest report and the sworn statements;] pursuant to
section 291E-36;
(3) That the respondent may be represented by an attorney, submit evidence, give testimony, and present and cross-examine witnesses;
(4) That, in cases where the respondent is under the age of eighteen, a parent or guardian must be present; and
(5) That a written decision shall be mailed no later than five calendar days after completion of the hearing."
SECTION 4. Section 291E-36, Hawaii Revised Statutes, is amended to read as follows:
"§291E-36 Documents required to be submitted for administrative review; sworn statements. (a) Whenever a respondent has been arrested for a violation of section 291E-61 or 291E-61.5 and submits to a test that establishes: the respondent's alcohol concentration was .08 or more; the presence, in the respondent's blood or urine, of any drug that is capable of impairing the respondent's ability to operate a vehicle in a careful and prudent manner; or whenever a respondent has been involved in a collision resulting in injury or death and a blood or urine test performed pursuant to section 291E-21 establishes that the respondent's alcohol concentration was .08 or more or establishes the presence in the respondent's blood or urine of any drug that is capable of impairing the respondent's ability to operate a vehicle in a careful and prudent manner, the following shall be forwarded immediately to the director:
(1) A copy of the arrest report or the report of the law enforcement officer who issued the notice of administrative revocation to the person involved in a collision resulting in injury or death and the sworn statement of the arresting law enforcement officer or the officer who issued the notice of administrative revocation, stating facts that establish that:
(A) There was 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 respondent was tested pursuant to section 291E-21;
(B) There was probable cause to believe that the respondent had been operating the vehicle while under the influence of an intoxicant; and
(C) The respondent agreed to be tested or the person was tested pursuant to section 291E-21;
(2) In a case involving an alcohol related offense, the sworn statement of the person responsible for maintenance of the testing equipment, stating facts that establish that, pursuant to section 321-161 and rules adopted thereunder:
(A) The equipment used to conduct the test was approved for use as an alcohol testing device in this State;
(B) The person had been trained and at the time the test was conducted was certified and capable of maintaining the testing equipment; and
(C) The testing equipment used had been properly maintained and was in good working condition when the test was conducted;
(3) In a case involving an alcohol related offense, the sworn statement of the person who conducted the test, stating facts that establish that, pursuant to section 321-161 and rules adopted thereunder:
(A) The person was trained and at the time the test was conducted was certified and capable of operating the testing equipment;
(B) The person followed the procedures established for conducting the test;
(C) The equipment used to conduct the test functioned in accordance with operating procedures and indicated that the respondent's alcohol concentration was at, or above, the prohibited level; and
(D) The person whose breath or blood was tested is the respondent;
(4) In a case involving a drug related offense, the sworn statement of the person responsible for maintenance of the testing equipment, stating facts that establish that, pursuant to section 321-161 and rules adopted thereunder:
(A) The equipment used to conduct the test was approved for use in drug testing;
(B) The person conducting the test had been trained and, at the time of the test, was certified and capable of maintaining the testing equipment; and
(C) The testing equipment used had been properly maintained and was in good working condition when the test was conducted;
(5) In a case involving a drug related offense, the sworn statement of the person who conducted the test, stating facts that establish that, pursuant to section 321-161 and rules adopted thereunder:
(A) At the time the test was conducted, the person was trained and capable of operating the testing equipment;
(B) The person followed the procedures established for conducting the test;
(C) The equipment used to conduct the test functioned in accordance with operating procedures and indicated the presence of one or more drugs or their metabolites in the respondent's blood or urine; and
(D) The person whose blood or urine was tested is the respondent;
(6) A copy of the notice of administrative revocation issued by the law enforcement officer to the respondent;
(7) Any license taken into possession by the law enforcement officer; and
(8) A listing of any
prior alcohol or drug enforcement contacts involving the respondent[.];
provided that no prior alcohol or drug enforcement contact shall be considered
unless the respondent has been provided written notice identifying each prior
contact to be considered and afforded an opportunity to contest its validity or
applicability.
(b) Whenever a respondent has been arrested for a violation of section 291E-61 or 291E-61.5 and refuses to submit to a test to determine alcohol concentration or drug content in the blood or urine, the following shall be forwarded immediately to the director:
(1) A copy of the arrest report and the sworn statement of the arresting law enforcement officer, stating facts that establish that:
(A) There was reasonable suspicion to stop the vehicle or the vehicle was stopped at an intoxicant control roadblock established and operated in compliance with sections 291E-19 and 291E-20;
(B) There was probable cause to believe that the respondent had been operating the vehicle while under the influence of an intoxicant;
(C) The respondent was informed of:
(i) The sanctions of section 291E-41;
(ii) The possibility that criminal charges may be filed; and
(iii) The probable consequences of refusing to be tested for alcohol concentration or drug content in the blood or urine; and
(D) The respondent refused to be tested;
(2) A copy of the notice of administrative revocation issued to the respondent;
(3) Any license taken into possession; and
(4) A listing of all
alcohol and drug enforcement contacts involving the respondent[.];
provided that no prior alcohol or drug enforcement contact shall be considered
unless the respondent has been provided written notice identifying each prior
contact to be considered and afforded an opportunity to contest its validity or
applicability.
(c) All documents, sworn statements, and records required to be forwarded to the director pursuant to this section shall be provided to the respondent no later than five calendar days after submission to the director, by mail or electronic transmission, in a manner reasonably calculated to provide actual notice. The respondent shall be afforded a reasonable opportunity to review and challenge the accuracy, authenticity, reliability, and admissibility of all documents, statements, and records submitted.
(d) Any sworn statement or record generated, stored, or transmitted electronically or through an automated system shall be accompanied by a certification from the person submitting the record attesting to the accuracy and authenticity of the electronic or automated record relied upon.
(e) Upon request of the respondent, the director shall make available documentation sufficient to demonstrate that any testing instrument relied upon was properly approved, maintained, calibrated, and certified, and that the operator of the testing instrument was properly trained and certified at the time of testing. Calibration, maintenance, and certification logs shall be made available for inspection or copying upon request."
SECTION 5. Section 291E-37, Hawaii Revised Statutes, is amended as follows:
1. By amending subsections (a), (b), and (c) to read:
"(a) The director shall automatically review the
issuance of a notice of administrative revocation and shall issue a written
decision administratively revoking the license and privilege to operate a
vehicle or rescinding the notice of administrative revocation[.];
provided that the director shall not issue a written review decision until the
documents submitted for administrative review are mailed or electronically
transmitted to the respondent pursuant to section 291E-36 and the time period
to submit written information under subsection (b) has elapsed, or the
respondent has submitted written information under subsection (b), whichever
occurs first. The written review
decision shall be 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:
(1) Fourteen calendar days after the date the notice was issued in a case involving an alcohol related offense; or
(2) Twenty-eight calendar
days after the date the notice was issued in a case involving a drug related
offense[.];
provided that the time periods in paragraphs (1) and (2) shall be tolled for any period during which the requirements of section 291E-36 have not been satisfied.
(b)
The respondent shall have the opportunity to demonstrate in writing why
the respondent's license and privilege to operate a vehicle should not be
administratively revoked and, within [three days of receiving the notice of
administrative revocation, as provided in section 291E-33,] seven
calendar days after the documents submitted for administrative review are
mailed or electronically transmitted to the respondent pursuant to section
291E-36, shall submit any written information, either by mail or in person,
to the director's office or to any office or address designated by the director
for that purpose.
(c) In conducting the administrative review, the director shall consider:
(1) Any sworn or unsworn written statement or other written evidence provided by the respondent;
(2) The breath, blood, or urine test results, if any; and
(3) The sworn
statement of any law enforcement officer or other person or other evidence or
information required by section 291E-36[.]; provided that the
director shall not consider any document, statement, or evidence unless it has
been provided to the respondent in accordance with section 291E-36."
2. By amending subsections (f) and (g) to read:
"(f) If the director administratively revokes the respondent's license and privilege to operate a vehicle, the director shall mail a written review decision to the respondent, or to the parent or guardian of the respondent if the respondent is under the age of eighteen. The written review decision shall:
(1) State the reasons for the administrative revocation;
(2) Indicate that the respondent has six calendar days from the date the decision is mailed to request an administrative hearing to review the director's decision;
(3) Explain the procedure by which to request an administrative hearing;
(4) Be accompanied by a form, postage prepaid, that the respondent may fill out and mail in order to request an administrative hearing;
(5) Inform the respondent of the right to review
and copy [all documents considered at the review, including the arrest
report and the sworn statements of law enforcement officers or other persons,
prior to the hearing;], before the hearing, the administrative record,
consisting of the documents submitted for review pursuant to section 291E-36;
and
(6) State that the respondent may be represented by counsel at the hearing, submit evidence, give testimony, and present and cross-examine witnesses, including the arresting law enforcement officer.
(g) Failure of the respondent to request a hearing within the time provided in section 291E-38(a) shall cause the administrative revocation to take effect for the period and under the conditions provided in the administrative review decision issued by the director under this section. The respondent may regain the right to an administrative hearing by requesting the director, within sixty calendar days of the issuance of the notice of administrative revocation as provided in section 291E-33, to schedule an administrative hearing. The administrative hearing shall be scheduled to commence no later than thirty calendar days after the request is received by the director. The administrative review decision issued by the director under this section shall explain clearly the consequences of failure to request an administrative hearing and the procedure by which the respondent may regain the right to a hearing."
SECTION 6. Section 291E-38, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(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 calendar days of the date the administrative review decision is mailed. If the request for hearing is received by the director within six calendar days of the date the decision is mailed, the hearing shall be scheduled to commence no later than:
(1) Twenty-five calendar days from the date the notice of administrative revocation was issued in a case involving an alcohol related offense; or
(2) Thirty-nine calendar 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)."
2. By amending subsections (f) and (g) to read:
"(f) The respondent's prior alcohol and drug
enforcement contacts shall be entered into evidence[.]; provided that
no prior alcohol or drug enforcement contact shall be considered unless the
respondent has received prior notice and an opportunity to challenge its
validity or applicability.
(g)
The sworn statements provided in section 291E-36 shall be admitted into
evidence[.]; provided that the requirements of section 291E-36 have
been satisfied. The director shall
consider the sworn statements in the absence of the law enforcement officer or
other person. Upon written notice to the
director, no later than five calendar days [prior to] before
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] before the hearing time. If the officer or other person cannot appear,
the officer or other person at the discretion of the director, may testify by
telephone."
3. By amending subsection (i) to read:
"(i) 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 calendar 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."
SECTION 7. Section 291E-40, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) If the director sustains the administrative revocation after an administrative hearing, the respondent, or parent or guardian of a respondent under the age of eighteen, may file a petition for judicial review within thirty calendar days after the administrative hearing decision is mailed. The petition shall be filed with the clerk of the district court in the district in which the incident occurred and shall be accompanied by the required filing fee for civil actions. The filing of the petition shall not operate as a stay of the administrative revocation, nor shall the court stay the administrative revocation pending the outcome of the judicial review. The petition shall be appropriately captioned. The petition shall state with specificity the grounds upon which the petitioner seeks reversal of the administrative revocation."
SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 9. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
Report Title:
Administrative Driver's License Revocation; Notice; Disclosure
Description:
Clarifies administrative driver's license revocation procedures by requiring timely disclosure of documents, aligning review timelines, and standardizing administrative review and hearing processes.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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Date
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Status
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| Jun 4, 2026 | Act 071, on 06/03/2026 (Gov. Msg. No. 1171). |
| Jun 4, 2026 | Act 071, 06/03/2026 (Gov. Msg. No. 1171). |
| May 8, 2026 | Received notice of passage on Final Reading in House (Hse. Com. No. 888). |
| May 7, 2026 | Transmitted to Governor. |
| May 6, 2026 | Received notice of Final Reading (Sen. Com. No. 816). |
| May 6, 2026 | Passed Final Reading as amended in CD 1 with none voting aye with reservations; none voting no (0) and none excused (0). |
| May 6, 2026 | Passed Final Reading, as amended (CD 1). Ayes, 25; Aye(s) with reservations: none . 0 No(es): none. 0 Excused: none. |
| May 1, 2026 | 48 Hrs. Notice (as amended CD 1) 05-06-26 |
| May 1, 2026 | Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 134-26). |
| May 1, 2026 | Forty-eight (48) hours notice Wednesday, 05-06-26. |
| May 1, 2026 | Reported from Conference Committee (Conf Com. Rep. No. 134-26) as amended in (CD 1). |
| May 1, 2026 | The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 3 Aye(s): Senator(s) Inouye, Rhoads, Kanuha; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| May 1, 2026 | The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 3 Ayes: Representative(s) Kila, Poepoe, Pierick; Ayes with reservations: none; 0 Noes: none; and 0 Excused: none. |
| Apr 30, 2026 | Conference committee meeting to reconvene on 05-01-26 9:35AM; Conference Room 329. |
| Apr 29, 2026 | Conference committee meeting to reconvene on 04-30-26 10:31AM; CR 329. |
| Apr 28, 2026 | Conference committee meeting to reconvene on 04-29-26 9:30AM; Conference Room 329. |
| Apr 28, 2026 | Conference committee meeting to reconvene on 04-28-26 10:20 AM; Conference Room 329. |
| Apr 27, 2026 | Conference committee meeting to reconvene on 04-28-26 9:30AM; Conference Room 329. |
| Apr 24, 2026 | Conference committee meeting scheduled for 04-27-26 9:31AM; Conference Room 329. |
| Apr 23, 2026 | Received notice of Senate conferees (Sen. Com. No. 725). |
| Apr 22, 2026 | Senate Conferees Appointed: Inouye Chair; Rhoads, Kanuha Co-Chairs. |
| Apr 21, 2026 | Received notice of appointment of House conferees (Hse. Com. No. 799). |
| Apr 21, 2026 | House Conferees Appointed: Kila, Poepoe Co-Chairs; Pierick. |
| Apr 17, 2026 | Received notice of disagreement (Hse. Com. No. 780). |
| Apr 16, 2026 | House disagrees with Senate amendment (s). |
| Apr 14, 2026 | Returned from Senate (Sen. Com. No. 688) in amended form (SD 1). |
| Apr 14, 2026 | Report adopted; Passed Third Reading. Ayes, 25; Aye(s) with reservations: none . Noes, 0 (none). Excused, 0 (none). Transmitted to House. |
| Apr 10, 2026 | One Day Notice 04-14-26. |
| Apr 10, 2026 | Reported from JDC/WAM (Stand. Com. Rep. No. 3779) with recommendation of passage on Third Reading. |
| Apr 8, 2026 | The committee(s) on JDC recommend(s) that the measure be PASSED, UNAMENDED. The votes in JDC were as follows: 5 Aye(s): Senator(s) Rhoads, Gabbard, Chang, San Buenaventura, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| Apr 8, 2026 | The committee(s) on WAM recommend(s) that the measure be PASSED, UNAMENDED. The votes in WAM were as follows: 13 Aye(s): Senator(s) Dela Cruz, Moriwaki, DeCoite, Elefante, Hashimoto, Inouye, Kanuha, Kidani, Kim, Lee, C., Richards, Wakai, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| Apr 6, 2026 | The committee(s) on JDC/WAM will hold a public decision making on 04-08-26 10:15AM; Conference Room 211 & Videoconference. |
| Mar 23, 2026 | Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC/WAM. |
| Mar 23, 2026 | Reported from TRS (Stand. Com. Rep. No. 3109) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC/WAM. |
| Mar 17, 2026 | The committee(s) on TRS recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in TRS were as follows: 5 Aye(s): Senator(s) Inouye, Elefante, Kanuha, Lee, C., DeCorte; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| Mar 13, 2026 | The committee(s) on TRS has rescheduled its public hearing to 03-17-26 3:00PM; CR 229 & Videoconference. |
| Mar 13, 2026 | The committee(s) on TRS has scheduled a public hearing on 03-17-26 3:05PM; Conference Room 229 & Videoconference. |
| Mar 12, 2026 | Referred to TRS, JDC/WAM. |
| Mar 12, 2026 | Passed First Reading. |
| Mar 12, 2026 | Received from House (Hse. Com. No. 413). |
| Mar 10, 2026 | Passed Third Reading as amended in HD 2 with none voting aye with reservations; none voting no (0) and Representative(s) Kong, Pierick excused (2). Transmitted to Senate. |
| Mar 6, 2026 | Forty-eight (48) hours notice Tuesday, 03-10-26. |
| Mar 6, 2026 | Reported from JHA (Stand. Com. Rep. No. 1178-26) as amended in HD 2, recommending passage on Third Reading. |
| Mar 4, 2026 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 8 Ayes: Representative(s) Tarnas, Poepoe, Hashem, Kahaloa, Sayama, Takayama, Garcia, Shimizu; Ayes with reservations: none; Noes: none; and 2 Excused: Representative(s) Belatti, Cochran. |
| Feb 27, 2026 | Bill scheduled to be heard by JHA on Wednesday, 03-04-26 2:00PM in House conference room 325 VIA VIDEOCONFERENCE. |
| Feb 20, 2026 | Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with none voting aye with reservations; none voting no (0) and Representative(s) Quinlan excused (1). |
| Feb 20, 2026 | Reported from TRN (Stand. Com. Rep. No. 661-26) as amended in HD 1, recommending passage on Second Reading and referral to JHA. |
| Feb 19, 2026 | The committee on TRN recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) Kila, Miyake, Cochran, Evslin, Grandinetti, Kitagawa, La Chica, Muraoka, Pierick; Ayes with reservations: none; 0 Noes: none; and 0 Excused: none. |
| Feb 13, 2026 | Bill scheduled to be heard by TRN on Thursday, 02-19-26 9:00AM in House conference room 430 VIA VIDEOCONFERENCE. |
| Feb 2, 2026 | Referred to TRN, JHA, referral sheet 6 |
| Jan 28, 2026 | Introduced and Pass First Reading. |
| May 27, 2026 | Pending introduction. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| May 6, 2026 | Final Reading | House Floor |
Passed |
|
| May 6, 2026 | Final Reading | Senate Floor |
Passed |
|
| Apr 14, 2026 | Third Reading | Senate Floor |
Passed |
|
| Apr 8, 2026 | The committee(s) on JDC recommend(s) that the measure be PASSED, UNAMENDED | Senate Standing Committee on Judiciary |
Passed |
|
| Apr 8, 2026 | The committee(s) on WAM recommend(s) that the measure be PASSED, UNAMENDED | Senate Standing Committee on Ways and Means |
Passed |
|
| Mar 17, 2026 | The committee(s) on TRS recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Transportation |
Passed |
|
| Mar 10, 2026 | Third Reading | House Floor |
Passed |
|
| Mar 4, 2026 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Judiciary & Hawaiian Affairs |
Passed |
|
| Feb 19, 2026 | The committee on TRN recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Transportation |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| County of Hawai‘i Office of the Prosecuting Attorney | *** Support | Apr 8, 2026 |
| Department of Transportation | ** Support | |
| Department of the Prosecuting Attorney, City and County of Honolulu | *** Support | Mar 17, 2026 |
| Department of the Prosecuting Attorney, County of Maui | *** Support | Apr 8, 2026 |
| Hawaii Department of Transportation | *** Support | Apr 8, 2026 |
| Judiciary | ** Against | |
| The Judiciary, State of Hawai‘i, Administrative Driver’s License Revocation Office | *** Against | Feb 18, 2026 |
STAND. COM. REP. NO. 1178-26
Honolulu, Hawaii
, 2026
RE: H.B. No. 2417
H.D. 2
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2026
State of Hawaii
Madame:
Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 2417, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO ADMINISTRATIVE LICENSE REVOCATION,"
begs leave to report as follows:
Your Committee received testimony in support of this measure from the Department of the Prosecuting Attorney for the County of Maui; Office of the Prosecuting Attorney for the County of Hawaiʻi; and Department of the Prosecuting Attorney for the City and County of Honolulu. Your Committee received comments on this measure from the Department of the Attorney General.
Your Committee finds that the administrative driver's license revocation process plays a critical role in promoting public safety by promptly addressing incidents involving impaired driving. Your Committee further finds that the effectiveness and fairness of this process depend on clear statutory procedures, timely disclosure of information, and consistent timelines governing administrative reviews and hearings. This measure clarifies notice requirements, standardizes procedural steps, and aligns review and hearing timelines to improve transparency, reduce confusion for respondents, and strengthen due process protections.
Your Committee has amended this measure by:
(1) Requiring the administrative review decision to be mailed to a respondent:
(A) No later than fourteen days, rather than eight days, after the date of issuance of the notice of administrative for alcohol related offenses; and
(B) No later than twenty-eight days, rather than twenty-two days, after the date of issuance of the notice of administrative revocation in drug related offenses;
(2) Amending the notification requirements to clarify the process for a license to be returned to a respondent following the administrative revocation of the license;
(3) Clarifying that, for the sworn statement of the person responsible for maintenance of sobriety testing equipment to be submitted for administrative review, any person, the person does not need to be the person conducting the test; and
(4) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2417, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 2417, H.D. 2.
Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,
|
|
|
____________________________ DAVID A. TARNAS, Chair |
|
|
|
|
STAND. COM. REP. NO. 661-26
Honolulu, Hawaii
, 2026
RE: H.B. No. 2417
H.D. 1
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2026
State of Hawaii
Madame:
Your Committee on Transportation, to which was referred H.B. No. 2417 entitled:
"A BILL FOR AN ACT RELATING TO ADMINISTRATIVE LICENSE REVOCATION,"
begs leave to report as follows:
Your Committee received testimony in support of this measure from the Department of Transportation; Department of the Prosecuting Attorney of the City and County of Honolulu; and three individuals. Your Committee received testimony in opposition to this measure from the Judiciary. Your Committee received comments on this measure from the Department of the Attorney General; Office of the Prosecuting Attorney for the County of Hawaiʻi; and Department of the Prosecuting Attorney for the County of Maui.
Your Committee finds that the administrative driver's license revocation process is a vital public safety tool intended to promptly address impaired driving, but that existing procedures can create uncertainty about when a revocation begins and whether a respondent received notice. This ambiguity can be exploited by drivers who continue to operate vehicles while revoked and later claim they were unaware of the revocation, thereby weakening accountability and enforcement. This measure clarifies and standardizes administrative revocation notice, review, and hearing timelines to improve fairness, certainty, and enforceability while preserving due process protections and advancing roadway safety.
Your Committee has amended this measure by:
(1) Specifying that an administrative revocation becomes effective thirty days after the notice of administrative revocation and remains in effect unless and until the administrative revocation is rescinded;
(2) Clarifying administrative driver's license revocation procedures as a review that may result in the administrative revocation being affirmed or rescinded;
(3) Changing the effective date to July 1, 3000, to encourage further discussion; and
(4) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Transportation that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2417, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2417, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.
Respectfully submitted on behalf of the members of the Committee on Transportation,
|
|
|
____________________________ DARIUS KILA, Chair |
|
Date
|
Testimony PDF
|
|---|---|
| Apr 8, 2026 | HB2417_SD1_TESTIMONY_WAM-JDC_04-08-26_.PDF |
| Mar 17, 2026 | HB2417_HD2_TESTIMONY_TRS_03-17-26_.PDF |
| Mar 4, 2026 | HB2417_HD1_TESTIMONY_JHA_03-04-26_.PDF |
| Feb 18, 2026 | HB2417_TESTIMONY_TRN_02-19-26_.PDF |
Discussed in Hearing
2MIN
Conference Committee
47SEC
Conference Committee
47SEC
Conference Committee
3MIN
Conference Committee
2MIN
Conference Committee
43SEC
Conference Committee
48SEC
Senate Standing Committee on Judiciary
48SEC
Senate Standing Committee on Ways and Means
Bill Author
