ars. Although the Administrative Procedures Act applies to DMV hearings and appeals, the requirement that no one can serve as a presiding officer in an adjudicative proceeding if he has served as an investigator, prosecutor or advocate does not apply in any proceeding for the issuance, denial, revocation or suspension of a driver's license (sec. 14112 Government Code).
8. What are the procedural steps to get to hearing? In cases involving the New Motor Vehicles Board, any decision of the Department (DMV) can be appealed to the Board by filing an appeal with the Secretary of the Board within 10 days after "the last day in which reconsideration of a final decision of the department can be ordered" (sec. 3052(a)). Any person who has had his driver's license suspended or revoked can demand a hearing within 10 days after the suspension or revocation (sec. 14100 Government Code).
The right to be heard includes the right to have testimony based on oath or affirmation, the right to present and rebut ev
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