§ 21-12-213. SUSPENSION OR REVOCATION - GROUNDS AND PROCEDURE.

(a)

Authority. The Department shall suspend, revoke, or refuse renewal of the registration of any minibike if the Department determines that:

(1)

The registration was fraudulently obtained or erroneously issued;

(2)

The required fee has not been paid after reasonable notice and demand;

(3)

The minibike has been dismantled or wrecked;

(4)

A registration card or registration plate not issued for that minibike is displayed on or for that minibike; or

(5)

The minibike has been operated by an person in violation of any provision of this title.

(b)

Limitation. The Department may not suspend, revoke, or refuse renewal of the registration of a minibike by reason of any act or omission established by the owner of the minibike to have been committed by any person other than the owner while the minibike was unlawfully in the possession of a person other than the owner in violation of the criminal laws of the state, the United States, or of any state.

(c)

Hearing.

(1)

Before the registration of any minibike is suspended, revoked, or refused renewal for a violation of subsection (a) of this section, the Department shall notify the registered owner or owners of the alleged violation and give the owner an opportunity to be heard.

(2)

The hearing shall be informal and shall be conducted by the Director's designee.

(d)

Right of appeal.

(1)

The registered owner of a minibike may appeal a suspension, revocation, or refusal under this section to the County Board of Appeals within 30 days after the decision.

(2)

Unless the Board orders otherwise, an appeal may not operate as a stay of the suspension or revocation.

(e)

Period of suspension or revocation.

(1)

For violations of subsection (a)(1) through (4) of this section, the Department may suspend or revoke the registration of the minibike as may be appropriate.

(2)

(i)

For violations of subsection (a)(5) of this section, the Department shall take the following action:

1.

For the first violation, suspend the registration for a period of 30 days;

2.

For the second violation, suspend the registration for a period of 90 days; and

3.

For the third violation, revoke the registration.

(ii)

Once revoked, a registration of the minibike may not be reinstated for 3 years.

(f)

Owner to return registration. If the Department suspends, revokes, or refuses to renew the registration of a minibike, the owner or person in possession of the evidence of the registration, including the registration card or registration plates, immediately shall return them to the Department.

(1988 Code, §§ 21-264, 21-265) (Bill No. 72-00, § 2, 7-1-2004; Bill No. 73-03, § 46, 7-1-2004)