Notification of Findings and Decision for Negligent Operator-Set Aside

What is a Notice of Findings and Decision following a Negligent Operator Hearing?

 The California Department of Motor Vehicles (DMV) is the government agency tasked with issuing the California Driver License to qualified drivers.  Once the driver license has been issued, however, the driver then comes under the watchful eye of the DMV who is then tasked with the responsibility of ensuring that all drivers maintain the skill, knowledge and ability to safely operate a motor vehicle on our public roadways.

One of the most common means by which the DMV assesses a person’s driving habits is by monitoring that driver’s accumulation of violation points associated with moving violations or traffic accidents.  If a driver accumulates too many points in a specified period of time, the DMV will label that person as a “Negligent Operator” and will initiate the process to suspend the driver license to punish the driver for their poor driving habits.

If the accused driver elects to defend themselves at a Negligent Operator Hearing, the department must consider all evidence and testimony presented at the hearing.  Once the hearing is concluded, the assigned hearing officer must make a decision regarding the person’s privilege to drive. The hearing officer may:

• Sustain the suspension and remove the driver from the road.
• Make a finding that the accused person is a Negligent Operator but that a term of driving probation will be granted.
• Make a finding that the accused person is NOT a Negligent Operator and Set Aside the suspension, thereby clearing the driver’s name.

The Notice of Findings and Decision is the instrument by which the DMV Hearing Officer notifies the accused driver of which choice has been made.  It is common for the final decision to be published about 15 days after the hearing but can take as long as 30 days.  The Notice is sent to the driver through the US mail; which is another reason to ensure your correct address is on-file with the DMV.

 Why does the DMV send a Notice of Findings and Decision to a driver following a Negligent Operator Hearing?

 The California Vehicle Code specifically mandates that the DMV notify an accused driver of the findings made by a Hearing Officer at the conclusion of any Administrative Hearing.  All decisions made by the hearing officer must be conveyed to the accused driver in writing.

California Vehicle Code Section 14105(a) determines……  “Upon the conclusion of a hearing, the hearing officer or hearing board shall make findings and render a decision on behalf of the department and shall notify the person involved.  Notice of the decision shall include a statement of the person’s right to a review.  The decision shall not take effect as stated in the notice, but not less than four nor more than 15 days after the notice is mailed.” 

The first line of the Notice cuts right to the chase.  Here is where the hearing officer indicates that a driver has won or lost the hearing. If the Hearing Officer issues an order which “Sets Aside” the suspension that means the driver has won the hearing and the action is ended.

In the section entitled “Findings of Fact,” the Hearing Officer will address the following elements of the case and identify issues discussed:

• Points Accumulated—Here the Hearing Officer will identify each violation and its associated date that has accumulated on the driver’s record.
• Traffic Accidents—Here the Hearing Officer will identify each traffic accident being considered by the department in making its decision.
• Conclusion—Here the Hearing Officer will explain that the facts do not support a finding of Negligent Operation and that the action cannot be upheld.

In the section entitled, “Determination of Issues,” the Hearing Officer will explain that the driver IS NOT a Negligent Operator and why.

In the section entitled, “Decision,” the Hearing Officer will order that the suspension be Set Aside.

What does an Order of Set Aside mean for me?

 If you have received a Notification of Findings and Decision & ORDER OF SET ASIDE, this means you have won your hearing.  You have overcome the allegation against you and the DMV has withdrawn its label that you are a Negligent Operator.

You can simply walk to your car and continue driving.  The order means there are no restrictions on your driving privilege and that you are not placed on DUI probation.