28-3301 License or permit cancellation

28-3301. License or permit cancellation

A. The department may cancel a driver license or permit on determining any of the following:

1. The licensee was not entitled to the issuance of the license or permit under this chapter.

2. The licensee failed to give the required or correct information in the application or committed fraud in making the application.

3. A person who signed an application for a driver license or permit or who was issued a driver license or permit files a written request with the department for cancellation of the license or permit including all of the following information:

(a) The name of the licensee or permittee.

(b) The driver license or permit number.

(c) The date of birth of the licensee or permittee or the expiration date of the driver license or permit.

4. The licensee failed to respond to a request by the department to update the licensee's license.

5. The licensee has failed, refused or neglected to pay any fee, tax or assessment, or a penalty on the fee, tax or assessment, due to the department or for its account.

B. If the department determines that a person falsely or fraudulently applied for an original or duplicate driver license, nonoperating identification license or permit, the department shall cancel the license or permit issued to the person and suspend the person's privilege to operate a motor vehicle for six months from the date of cancellation for the first offense and for one year from the date of cancellation for the second or a subsequent offense.

C. Cancellation of a license or permit under this section does not affect a pending action against the licensee or permittee.

D. The cancellation of a license is without prejudice. A person whose license is canceled may apply for a new license at any time after the cancellation.

E. If voluntarily surrendered or requested by a licensee, the department shall cancel a nonoperating identification license. A nonoperating identification license canceled pursuant to this subsection is terminated without prejudice and shall be surrendered to the department.

F. The department may cancel a nonoperating identification license if the licensee has failed, refused or neglected to pay any fee, tax or assessment, or a penalty on the fee, tax or assessment, due to the department or for its account.