Committee grants conditional approval to DMV changes in administrative‑license suspension forms

The Administrative Rules Committee granted conditional approval to a Department of Safety rule (25‑1‑61) that updates administrative license suspension procedures after staff and the DMV clarified form language.

Staff reviewers said two forms associated with the rule require a defendant to acknowledge that their rights were read by signing the form and that if a defendant refuses to sign the officer must check a box and sign the form as a witness. Staff recommended adding explicit text to the rule's full text so the process is clear in the rule itself. Staff read the proposed language: "after the law enforcement officer notifies the person of their rights, the person shall acknowledge that their rights were read to them by signing the form, and the officer shall sign the form as a witness to the person's signature. If the person refused to sign, the officer shall indicate the refusal to sign by checking the box on form DSMB‑426 or DSMB‑437 as applicable and by signing the form as a witness to the person's refusal to sign."

John Marasco, director of the DMV, attended with Assistant Director Jen Bailey and said the agency would seek conditional approval. After a brief exchange of thanks and a motion to approve, the committee voted to grant conditional approval with the edits discussed.

The conditional approval requires staff and the agency to carry the proposed language into the full rule text before final adoption at a later date.