N.Y. Comp. Codes R. & Regs. tit. 15 § 9.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 9.4 - Procedures upon failure to submit evidence of fitness

(a) Upon receipt of an application for an original driver license, or for renewal of a driver license, or upon a scheduled review of a required physician's, physician assistant's or nurse practitioner's statement, or upon receipt of evidence confirmed by a departmental hearing or investigation that a licensee has experienced loss of consciousness, if the commissioner has not received an acceptable physician's, physician assistant's or nurse practitioner's statement as defined in subdivision (d) of this section, or, if such a statement is received but the commissioner's medical consultant finds grounds to disagree with or to question a recommendation of such physician, physician assistant, or nurse practitioner made in accordance with the provisions of section 9.3 of this Part, the commissioner shall, unless he or she deems such person's operation of a motor vehicle on a public highway to be an immediate hazard, send to such person a proposed denial or suspension of license, whichever is appropriate, with an offer to withhold such action until after a department hearing, if such hearing is requested by such person. The failure of such person to reply to the commissioner, either accepting the denial or suspension or requesting a hearing, within 30 days of the date of such notice shall result in the imposition of the denial or suspension.

(b) Notwithstanding the provisions of subdivision (a) of this section, if the commissioner deems any such person's operation of a motor vehicle on a public highway to be an immediate hazard, he shall forthwith deny or suspend the license, whichever is appropriate, and offer to hold a departmental hearing to review such action, upon written request of such person. If such request for hearing is not made within 30 days of such denial or suspension, the offer to hold a hearing shall be deemed to be withdrawn.

(c) For the purposes of this section, a person's operation on the public highway shall be deemed to constitute an immediate hazard if the commissioner has received evidence from a physician, physician assistant, or nurse practitioner that the person's condition does, in the opinion of the physician, physician assistant or nurse practitioner, create an immediate hazard if such person were to operate a vehicle on the public highway or, if the commissioner has received evidence that such person's loss of consciousness has caused or contributed to a motor vehicle accident.

(d) In order for a physician's, physician assistant's or nurse practitioner's statement to be acceptable, such statement must be submitted by a licensed physician, physician assistant, or nurse practitioner who has attended or examined the patient within 120 days of the date of such statement, and if required by the commissioner, may be required to be submitted by a physician licensed in a specialty appropriate to the condition in question.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 9.4

Amended New York State Register May 27, 2015/Volume XXXVII, Issue 21, eff. 5/27/2015