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Administrative Review Hearing in Kansas

Under Kansas law, any person who is subject to a license suspension may request an administrative hearing pursuant to KSA 8-1020.  The request may be made by mailing a written request within 14 days after receiving notice of the suspension or by facsimile (fax).

If the request is made timely, within the 14 day period, any temporary license that the person has will remain in effect until 30 days after a decision is come to by the court.  If the request is not made in a timely manner, then the persons driving privileges will be suspended and/or restricted as informed in the notice.

Once the division has received a timely request for a hearing, they will set a hearing before a representative of the director and they will provide notice to the person for the extension of temporary driving privileges.  The hearing itself will be conducted over the telephone in the county or adjacent county to where the arrest occurred.  In person hearings must be specifically be requested and the division will inform the person on whether or not that will be available.

Prehearing discovery is limited to the officer’s certification and notice of suspension, copies of a breath or blood test failure, documents that show the results of blood or alcohol tests administered at the request of law enforcement, and in the case of breath test failures a copy of the affidavit showing certification of the officer and breathalyzer equipment and a copy of the Kansas department of health and environment testing protocol checklist.  All of this information must be provided to the defendant or defendant’s attorney at least one year before the hearing.   Additionally, if there are any audio or video recordings of the event, the division must issue an order allowing the defendant and the defendant’s attorney to review the tapes. The defendant may also obtain a copy of the recording which will not cost for than $25.00.

At the hearing, only the defendant and the certifying (arresting) officer will be admitted as witnesses.  Any witness testimony is limited to the factual circumstances of the event.  The scope of the hearing, or the range of information that will be analyzed, depends on whether the person refused to test, failed a breath test, or failed a blood test.

If the officer certifies at the hearing that the person refused the test, the division will look to whether the officer had reasonable grounds to believe the person was operating or attempting to operate a vehicle under the influence of alcohol or drugs or had been driving a commercial vehicle. Next, whether the person was in custody for an alcohol or drug related offense or was involved in a vehicle accident that resulted in property damage, personal injury, or death and whether the officer provided the person with oral and written notice.  Lastly, whether the person refused to submit and complete the test when requested by law enforcement.

If the officer certifies that the person failed a breath test, the division will look to whether the officer had reasonable grounds to believe the person was operating or attempting to operate a vehicle under the influence of alcohol or drugs or had been driving a commercial vehicle. Secondly, whether the person was in custody for an alcohol or drug related offense or was involved in a vehicle accident that resulted in property damage, personal injury, or death and whether the officer provided the person with oral and written notice.  Third,  the testing equipment  was in compliance and that the operator of the equipment was certified  by the Kansas department of health and environment and in compliance with their testing procedures.  Fourth, whether the person was operating or attempting to operate a vehicle and the breath test result determined a blood alcohol concentration of .08 or higher.    An affidavit should be admissible as evidence to prove that the testing device and the operator were certified.  A certified operator of a breath testing device will be deemed competent regarding the proper procedures.

If the officer certifies that the person failed a blood test, the division will look to whether the officer had reasonable grounds to believe the person was operating or attempting to operate a vehicle under the influence of alcohol or drugs or had been driving a commercial vehicle. Secondly, whether the person was in custody for an alcohol or drug related offense or was involved in a vehicle accident that resulted in property damage, personal injury, or death and whether the officer provided the person with oral and written notice.  Third,  that the testing equipment and procedures used were reliable and the person who operated the equipment was qualified. Finally, that the person was operating or attempting to operate a vehicle and that the alcohol concentration in their blood exceeded .08 based on the test results.   A report of blood test results should be included in the evidence along with findings by the forensic examiners.

During an administrative hearing, the burden of proof is on the offender to show that the facts set out by the officer are false or insufficient to uphold a suspension or restriction.   Evidence that will be considered included documents of compliance, testimony of officer, offender, and witnesses present at the time, affidavits, documents for medical conditions, and video or audio tape recordings.

At the end of the hearing, the representative of the director will either issue an order  for affirming the suspension/restriction or dismissing it.  At their discretion, they may issue their decision immediately or they may take the matter under advisement and issue their decision at a later date.  The offender may file a petition for review (appeal) of the hearing within 14 days of the decision.

All of the facts found by the hearing officer or by the district court upon a review are completely independent of any pending criminal charges. Also, a $50 fee is now required for an administrative hearing to cover the costs whether the hearing is held by phone or in person.


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