Section 140IAC1-9-4. Procedure for administrative hearing

   (a) This section applies only to a suspension or revocation under subsection 1(1) or 1(2) [section 1(1) or 1(2)] of this rule.

  (b) A person whose driving privileges, driver's license or permit, certificate of registration, or license plate are suspended or revoked under subsection 1(1) or 1(2) [section 1(1) or 1(2)] of this rule may request an administrative review of the action and is entitled to a hearing if a request for administrative review is made. The request for review must be received within eighteen (18) days of the date of the notice under this section.

  (c) A person requesting a review under this section must submit all documents and information relevant to the determination at the hearing.

  (d) When conducting a review of a suspension or revocation under this section, the administrative law judge may consider all relevant matters, including, but not limited, to the following:

(1) the person's age at the time of the fraud or misrepresentation;

(2) the passage of time since the fraud or misrepresentation;

(3) the person's purported intent;

(4) the person's cooperation with the bureau and other law enforcement;

(5) the results of any criminal prosecution that resulted from the fraud or misrepresentation;

(6) the hardship imposed on the person by suspension;

(7) the likelihood that the person will participate in additional fraudulent activity or misrepresentations;

(8) whether, and to what extent, the person's privileges were suspended or rendered invalid at the time of the determination; and

(9) any other factor relevant to the determination of an action under IC 9-30-4-1 [IC 9-30-4-1 was repealed by P.L.198-2016, SECTION 596, effective July 1, 2016.].

  (e) Upon receipt of a timely request for a review under this section, the bureau shall stay the suspension or revocation under IC 9-30-4-1 [IC 9-30-4-1 was repealed by P.L.198-2016, SECTION 596, effective July 1, 2016.] pending a determination, unless otherwise required by law. (Bureau of Motor Vehicles; 140 IAC 1-9-4; filed Dec 22, 2014, 4:00 p.m.: 20150121-IR-140140101FRA)