Title 40, Chapter 9, Section 32
(a) The department, not less than 30 days after receipt of an
accident report or notice of an accident, shall determine the amount
of security sufficient in its judgment to satisfy any judgment or
judgments for damages resulting from such accident that may be
recovered against each operator and owner. Such determination shall
be made on the basis of the reports or other information submitted.
Notwithstanding any other provisions of this chapter, the department
shall not consider or take any action with respect to an accident
report, notice of accident, or any claim filed under this Code
section which is received more than six months after the date of the
(b) The department, upon determining the amount of security
required, shall give written notice to each operator and owner of
the amount of security required to be deposited by him. Such notice
shall state that each operator's and owner's license and vehicle
registration shall be suspended on the thirtieth day from the date
of mailing of notice unless within that time the required security
is deposited and such owner or operator shall give proof of
financial responsibility for the future. The license of the one
depositing the security will not then be suspended.
(c)(1) Any person so notified may, within ten days after receipt of such notification, make a written request to the department for a hearing. Such request shall operate as a stay of any suspension pending the outcome of such hearing. The scope of such hearing, for the purposes of this Code section, shall cover the issues of whether there is a reasonable possibility that a judgment could be rendered against such person in an action arising out of the accident and whether such person is exempt from the requirement of depositing security under Code Section 40-9-34. The department may also consider at such hearing the amount of security required. The requirements of depositing security under this Code section shall not apply to any person against whom the department has found that there is not a reasonable possibility of a judgment being rendered.
(2) For the purposes of this Code section, a hearing may consist
of a department determination of such issues, such determination
to be based solely on written reports submitted by the operator or
owner and by investigatory officers, provided that the owner or
operator in his request to the department for a hearing has
expressly consented to this type of hearing and that the
department has also consented thereto.
(d) Any person required to give security after a hearing as provided
in subsection (c) of this Code section may petition for judicial
review of the decision of the department, but suspension of such
person's driver's license, operating privilege, or vehicle
registration shall not be stayed while such appeal is pending. The
superior court upon such appeal may consider the written reports
considered by the department at the hearing as authorized by
subsection (c) of this Code section.