Frequently Asked Questions for Individuals
Where is my hearing held?
Unless you receive a notice stating otherwise, all Bureau of Motor Vehicles (BMV) hearings are held at the BMV’s Central Office located on the 4th floor of Indiana Government Center North, located at 100 North Senate Avenue, Indianapolis, IN 46204.
Is parking available?
Metered parking is available on several streets near the Indiana Government Center North, including Washington Street, Ohio Street, and New York Street.
State parking garages are located on Senate Avenue and Washington Street, where public parking may be available. Public parking is not available in these garages when the Indiana legislature is in session.
Parking is also available at Circle Centre Mall, located at 49 West Maryland Street, Indianapolis, IN 46204.
Can I attend the hearing by phone?
Yes, the BMV does have the capability to conduct hearings by conference call or Skype. If you wish to appear by conference call or Skype, you must submit the Request for Remote Hearing—State Form 55646 no later than 10 business days before your hearing.
What if I am unavailable to attend my scheduled hearing?
If you are unable to attend your scheduled hearing because you are unavailable at the date and/or time, you can file a Motion to Continue—State Form 55643 and request a new date and time. You must submit the Motion to Continue before the hearing. Filing a Motion to Continue does not automatically re-schedule your hearing. This is just a request you are submitting. The administrative law judge does not have to grant your request. After your Motion has been submitted, the administrative law judge will issue an order to grant or deny your request.
Your attorney can appear for you.
You may also contact the BMV attorney handling your case to see if you can work out an agreement before the hearing. Contact information for the BMV attorney will be mailed to you once your hearing has been scheduled.
If you do not show up for the hearing, a hearing will be held without you. After the hearing, you will receive a copy of the administrative law judge’s order in the mail.
Will my request for a hearing stop (stay) the suspension?Your suspension will be stayed if your hearing is in regard to a fraud matter or failure to comply with an out of state violation. Only the suspension related to the applicable hearing matter will be stayed. Other suspensions and penalties are not affected. You may check the status of your driving privileges at any time at myBMV.com.
What evidence can I submit? How do I submit it?
You can submit any evidence that you think the administrative law judge should consider when making a decision about your case. You must bring this evidence with you to the hearing. If you are appearing by phone or by Skype, you need to submit your evidence via US mail, fax, or email before the hearing. At the hearing, make a request that the documents be admitted into evidence.
Administrative rule 140 IAC 1-1-6 and Indiana Code § 9-28-1-6 restrict the type of evidence that the administrative law judge can consider regarding judgment and criminal convictions. Check these when preparing your evidence if you plan to address a judgment or criminal conviction.
Your testimony at the hearing also counts as evidence.
What can I expect at the hearing?
You will need to check-in and present identification to the receptionist in the lobby of the BMV’s Central Office. The receptionist will let the administrative law judge know that you have arrived for your hearing.
The administrative law judge will escort you to the hearing room. A staff attorney from the BMV will also be present at the hearing. Depending on the case, witnesses testifying on behalf of the BMV may also be present. For some cases, the BMV may choose to submit an evidence packet instead of sending a staff attorney. A copy of this packet will be provided to you at the hearing.
The administrative law judge will begin the hearing by starting the audio recorder so that the hearing is on the record. Once recording, the administrative law judge will record an introduction for the record so that the hearing is identifiable later, and swearing in anyone who will be testifying. If a translator is present, he/she will also be sworn in at this time.
BMV hearings are much less formal than court. There is not a witness stand and the administrative law judge does not wear a robe. Hearings are often very conversational and you do not need a legal background to be able to present your case effectively.
Who can attend the hearing?
You, your attorney, and any witness(es) appearing on your behalf.
The hearing room is fairly small, so please let the BMV hearings department know in advance if you plan to bring multiple witnesses to the hearing so that the BMV can attempt to reserve a larger room. If a larger room is unavailable, witnesses may need to come back to the hearing room one at a time.
If someone is driving you to the hearing or wishes to come along for support, and will not be testifying at the hearing, he/she may wait in the lobby of the BMV’s Central Office.
What do I need to bring to the hearing?
You need to bring photo identification.
You need to bring any evidence you want the administrative law judge to consider when making a decision about your case. The administrative law judge does not know anything about your case or see anything from your file prior to the hearing, so do not assume that the administrative law judge has, or knows anything about your case.
What if I need an interpreter?
You may bring an interpreter if you cannot speak or understand English, or have an impairment that makes it difficult for you to communicate with other people. You are responsible for bringing your own interpreter. Your lawyer can serve as your interpreter.
I don’t have childcare. Can I bring my child(ren) with me?
If absolutely necessary, you may bring your children with you to the hearing. The hearing room is very small, so please make every attempt to find childcare. The hearings are recorded, so please do not bring noisy toys or electronics for your children.
When can I expect an order to be issued?
The time it takes to issue an order depends on several factors and is difficult to predict. The administrative law judge is required by statute to issue an order within 90 days of the hearing.
Can I appeal the order?
Yes. Your appeal rights depend on the authority the administrative law judge has been granted.
If your case is one in which the Commissioner of the BMV has authorized the administrative law judge to be the “ultimate authority” for the agency, you may file a petition for judicial review within 30 days from the date of the Order (this deadline is extended by 3 days if the order is served through the mail).
If your case is one in which the administrative law judge is not the “ultimate authority” for the agency, either party may request a reconsideration of this recommended order by mailing a written request to the below address.
Requests for reconsideration must be received by the BMV within 18 days of the date the recommended order is signed. If no request for reconsideration is received by the BMV within 18 days, the recommended order becomes the final order of the BMV on the 19th day.
Your appeal rights will be printed on the order you receive from the administrative law judge.
Who can I contact if I have additional questions?
You can reach the BMV Hearings Department at 317-232-1958 or firstname.lastname@example.org.
Do not attempt to contact the administrative law judge directly. The administrative law judge is not allowed to talk to you or offer you legal advice.