View Amendment Current Amendment: 1 to Bill 3342 Reps. BANNISTER and RUTHERFORD propose the following Amendment No. 1 to H. 3342 (COUNCIL\DKA\3606SD11):

Reference is to Printer's Date 4/6/11--H.

Amend the bill, as and if amended, Section 56-1-286(O), as contained in SECTION 1, page 7, after line 40, by inserting a new paragraph to read:

/ The Department of Motor Vehicles and the arresting officer shall have the burden of proof in contested case hearings conducted pursuant to this section. Failure on the part of the Department of Motor Vehicles or the arresting officer to appear at the contested case hearing shall result in rescission of the suspension of the person's license, permit, or nonresident's operating privilege by hearing officer regardless of whether the person requesting the contested case hearing or his attorney appears at the contested case hearing. /

Amend further, Section 56-5-2951(F), as contained in SECTION 3, page 11, after line 29, by inserting a new paragraph to read:

/ The Department of Motor Vehicles and the arresting officer shall have the burden of proof in contested case hearings conducted pursuant to this section. Failure on the part of the Department of Motor Vehicles or the arresting officer to appear at the contested case hearing shall result in rescission of the suspension of the person's license, permit, or nonresident's operating privilege by hearing officer regardless of whether the person requesting the contested case hearing or his attorney appears at the contested case hearing. /

Renumber sections to conform.
Amend title to conform.