303.041. Failure to maintain financial responsibility--notice, procedure, contents--suspension of license and registration--request for hearing, right, effect--subsequent acquisition of financial resp

Failure to maintain financial responsibility--notice, procedure,contents--suspension of license and registration--request for hearing,right, effect--subsequent acquisition of financial responsibility,effect--duration of suspension, fee.

303.041. 1. If the director determines that as a result of averification sample or accident report that the owner of a motor vehiclehas not maintained financial responsibility, or if the director determinesas a result of an order of supervision that the operator of a motor vehiclehas not maintained the financial responsibility as required in thischapter, the director shall thirty-three days after mailing notice, suspendthe driving privilege of the owner or operator and/or the registration ofthe vehicle failing to meet such requirement. The notice of suspensionshall be mailed to the person at the last known address shown on thedepartment's records. The notice of suspension is deemed received threedays after mailing. The notice of suspension shall clearly specify thereason and statutory grounds for the suspension and the effective date ofthe suspension, the right of the person to request a hearing, the procedurefor requesting a hearing, and the date by which that request for a hearingmust be made. If the request for a hearing is received by the departmentprior to the effective date of the suspension, the effective date of thesuspension will be stayed until a final order is issued following thehearing.

2. Neither the fact that subsequent to the date of verification orconviction, the owner acquired the required liability insurance policy northe fact that the owner terminated ownership of the motor vehicle, shallhave any bearing upon the director's decision to suspend. Until it isterminated, the suspension shall remain in force after the registration isrenewed or a new registration is acquired for the motor vehicle. Thesuspension also shall apply to any motor vehicle to which the ownertransfers the registration. Effective January 1, 2000, the departmentshall not extend any suspension for failure to pay a delinquent latesurrender fee pursuant to this subsection.

(L. 1986 S.B. 424, A.L. 1999 S.B. 19, A.L. 2000 H.B. 1797, A.L. 2001 S.B. 267)