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GM 1117

Informing the Legislature that on May 19, 2026, the Governor signed the following bill into law: HB2097 HD1 SD1 (ACT 017).

2026 Regular Session

HB2097 (HD1) SD1 standardizes and accelerates Hawaii’s administrative license revocation process with clear notices, defined deadlines, and due-process protections.

Received.
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Bill Summary · GM 1117

Summary of HB2097 (HD1) SD1 — Hawaii, 2026

Main purpose and intent

  • Relates to administrative driver’s license revocation procedures.
  • Establishes or clarifies the timeline, notice content, and hearing process for administrative revocations following certain alcohol- or drug-related offenses.
  • Aims to provide clearer due process rights for respondents facing administrative revocation and to set deadlines for hearings and related actions.

Key provisions and changes

  • Section 1: Notice content for administrative revocation decisions
    • Requires the notice to include:
    • Reasons for the administrative revocation.
    • Right to request an administrative hearing within six days of mailing the decision.
    • Scheduling timelines for hearings:
      • For alcohol-related cases: hearing to commence no later than 25 days after the notice is issued.
      • For drug-related cases: hearing to commence no later than 39 days after the notice is issued.
    • How to request a hearing and consequences of failing to request within the six-day window.
    • Possibility to regain the right to a hearing within 60 days of the notice.
    • Hearing scheduling and the effect (or extension) of temporary permits if hearings are delayed.
    • Potential ignition interlock requirements during revocation.
    • Other conditions, such as participation in driver’s education or substance abuse assessment, as applicable.
  • Section 2: Administrative hearing procedures (Section 291E-38)
    • Directors must schedule hearings within 25 days (alcohol cases) or 39 days (drug cases) if a timely hearing request is received.
    • Hearing location should be near the issuance location; allows interactive conference technology (tele/conference) with procedural safeguards.
    • Provides for representation by counsel, and for guardians for respondents under 18.
    • Outlines director’s powers at the hearing (oaths, examining witnesses, admitting evidence, subpoenas, etc.).
    • Sets standards for the director’s decision to affirm, reverse, or modify revocation, including required findings (e.g., reasonable suspicion, probable cause, and preponderance of evidence).
    • Allows admission of sworn statements and provision for subpoenas to obtain additional testimony.
    • Requires written decisions within five days after the hearing; details consequences if revocation is reversed or sustained.
    • Addresses continuances and effect on temporary permits; defines good cause for continuances and how continuances interact with temporary permit validity.
    • Allows for special motor vehicle registrations in limited circumstances for household members or co-owners, subject to conditions (e.g., complete dependence on the vehicle, no valid ignition interlock permit for the respondent).
  • Section 3: Computation of time
    • Clarifies how time periods are calculated for the procedural deadlines (excluding the first day, including the last, with holidays considered as specified).
  • Section 4: Special motor vehicle registration for dependents
    • Details eligibility and process for a qualified household member or co-owner to obtain a special motor vehicle registration when the respondent’s vehicle registration is revoked.
    • Requires the applicant to demonstrate dependency on the vehicle and other safeguards, and directs obtaining special plates after county submission.
  • Section 5: Repeal and reenactment notes
    • Indicates which statutory materials are repealed and replaced with new text (new material underscored).
  • Section 6: Effective date
    • Takes effect upon approval (May 19, 2026).

Who/what would be affected

  • Respondents facing administrative revocation under Hawaii’s ignition interlock and related sanctions for alcohol- or drug-related driving offenses.
  • Law enforcement and the Office of the Director administering administrative revocation hearings.
  • Respondents under 18 years old, who are required to be accompanied by a parent or guardian during hearings.
  • Household members or co-owners of vehicles who might seek a special motor vehicle registration under limited circumstances.
  • Potential applicants for ignition interlock permits and related temporary driving permissions.

Procedural and timeline considerations

  • Timelines are tightened/clarified for hearing scheduling:
    • Alcohol-related revocation: hearing within 25 days of notice issuance.
    • Drug-related revocation: hearing within 39 days of notice issuance.
  • Clear six-day window to request a hearing; failure to timely request can lead to automatic revocation as set in the decision.
  • Written decisions to be issued within five days after hearing concludes.
  • Allows use of interactive technology for hearings, with rules to preserve due process.
  • Provisions for continuances, subpoenas, and potential extension of temporary permits, subject to specific conditions.
  • Establishes specific procedures for evidentiary materials, including sworn statements and potential live testimony.

Bottom line

HB2097 (HD1) SD1 modernizes and standardizes the administrative revocation process for driver’s licenses in Hawaii, emphasizing timely hearings, explicit notice content, and due process protections, while also outlining related eligibility for special vehicle registrations in narrow, defined circumstances. The act took effect upon approval on May 19, 2026.

Compiled from official sources — confirm details with the bill’s official record.

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