§ 802. Suspension of license

(a) Proof of financial responsibility shall cover a person in the operation of any and all motor vehicles operated by him or her. If he or she fails to furnish such proof, when required under the provisions of section 801 of this title, within 20 days after notice from the Commissioner is mailed to him or her, until such proof is furnished, the Commissioner shall suspend the license of an operator or the right of an unlicensed operator, or nonresident to operate any motor vehicle in this State.

(b) [Repealed.]

(c) When a resident of Vermont, or a person holding a Vermont operator's license, as a result of a motor vehicle accident in any other state has been required to furnish such other state with evidence of future financial responsibility and because of failure so to do has had his or her operating privilege suspended or revoked therefor, upon being notified by the proper official of such other jurisdiction of such suspension or revocation, the Commissioner of Motor Vehicles shall suspend the Vermont operator's license or right of such person to operate motor vehicles, and such suspension shall remain in effect until the person suspended shall furnish the Commissioner with satisfactory evidence that he or she has complied with the requirement to furnish such other state with evidence of future financial responsibility.

(d)-(h) [Repealed.]

(i) No proof of financial responsibility shall be required, under subdivision 801(a)(3) of this title, and no license shall be suspended under that subdivision, unless the operator whose license or right to operate motor vehicles is subject to suspension has been afforded the opportunity of a hearing to determine whether the operator was, at the time of the accident, injury, or damage in question insured against public liability and property damage, in the amounts required under section 801 of this title with respect to proof of financial responsibility. If the operator requests a hearing, and appears at the time and place provided, the Commissioner or his or her appointed representative shall conduct a hearing, make findings, and render a decision. The hearing examiner may consider such evidence as is offered and may consider also the operator and investigating officer report or reports filed in connection with the accident, injury, or damages as well as the assumption permitted under subsection 801(e) of this title. If the decision of the hearing examiner finds the operator to be uninsured at the time of the accident, injury, or damages, then the person shall be required to provide proof of financial responsibility under this subchapter and, if he or she fails to do so, his or her license or right to operate a motor vehicle shall be suspended. A person found to be uninsured may have the finding reviewed in the Superior Court. The hearings provided for shall be conducted in Montpelier. Hearings shall be conducted with a minimum of procedural requirements, so as to provide persons an opportunity to be heard without delay and at reasonable expense to them and to the State. (Amended 1965, No. 4, § 2; 1971, No. 151 (Adj. Sess.), §§ 3, 4, eff. March 2, 1972; 1977, No. 175 (Adj. Sess.); 1977, No. 220 (Adj. Sess.), §§ 3, 4; 1979, No. 194 (Adj. Sess.), § 3, eff. May 6, 1980; 1983, No. 61, § 2; 1995, No. 67 (Adj. Sess.), § 2; 1997, No. 161 (Adj. Sess.), § 18, eff. Jan. 1, 1998.)