Section 140IAC1-1-8. Presiding officer; powers

   (a) The administrative law judge shall make recommendations to the commissioner or his or her designee that, based on the administrative law judge's findings of fact, and in accordance with the provisions of the applicable statutes, the party's current driver's license be:

(1) suspended, revoked, or invalidated for any period not exceeding one (1) year;

(2) continued in full force and effect;

(3) suspended, restricted, or invalidated for an indeterminate period of time until the party has taken and passed a written driving examination and driving skills test, appeared for a hearing, or produced medical reports sufficient to assure the bureau that the party is possessed of sufficient physical or mental ability to operate a motor vehicle in a safe manner;

(4) invalidated in order to preserve the integrity of the driver's motor vehicle record in cases of suspected identity theft if a party fails to appear for a digital image conflict hearing;

(5) invalidated if the party fails to appear for a medical hearing after the administrative law judge reviews the evidence presented at the medical hearing based on the recommendation of the Indiana driver licensing medical advisory board; or

(6) invalidated if the party does not object to the proposed invalidation.

  (b) For a recommendation made for a points accumulation hearing held under 140 IAC 1-4.5-4, the administrative law judge may do the following:

(1) Consider all violations listed on the party's motor vehicle record that led to the points accumulation.

(2) Consider the number of miles the party drove during the period in which the excessive points were accumulated.

(3) Consider any other factors that:

(A) might have affected the party's points accumulation; or

(B) might affect the party's future driving habits.

(4) Recommend one (1) or more of the following:

(A) Suspend a party's driving privileges for up to one (1) year.

(B) Require a party to submit to an examination, in accordance with IC 9-24-10.

(C) Require a party to attend and satisfactorily complete a driver improvement course.

  (c) The administrative law judge shall make any other determinations, take any other actions, and make any other recommendations to the commissioner or his or her designee as authorized by law. (Bureau of Motor Vehicles; Hearing Procedure Reg I, Rule VIII; filed Dec 11, 1959, 3:00 p.m.: Rules and Regs. 1960, p. 99; filed Nov 26, 1996, 4:35 p.m.: 20 IR 935; readopted filed Jul 30, 2001, 10:23 a.m.: 24 IR 4227; readopted filed Nov 14, 2007, 1:31 p.m.: 20071212-IR-140070562RFA; filed Oct 7, 2008, 10:23 a.m.: 20081105-IR-140080215FRA; readopted filed Nov 3, 2014, 1:43 p.m.: 20141203-IR-140140375RFA; filed Nov 16, 2015, 12:44 p.m.: 20151216-IR-140150061FRA, eff Jan 1, 2016)