§ 1194-a. Driving after having consumed alcohol; under twenty-one;\nprocedure. 1. Chemical test report and hearing. (a) Whenever a chemical\ntest of the breath, blood, urine or saliva of an operator who is under\nthe age of twenty-one indicates that such person has operated a motor\nvehicle in violation of section eleven hundred ninety-two-a of this\narticle, and such person is not charged with violating any subdivision\nof section eleven hundred ninety-two arising out of the same incident,\nthe police officer who administered the test shall forward a report of\nthe results of such test to the department within twenty-four hours of\nthe time when such results are available in a manner prescribed by the\ncommissioner, and the operator shall be given a hearing notice as\nprovided in subdivision one-a of this section, to appear before a\nhearing officer in the county where the chemical test was administered,\nor in an adjoining county under such circumstances as prescribed by the\ncommissioner, on a date to be established in accordance with a schedule\npromulgated by the commissioner. Such hearing shall occur within thirty\ndays of, but not less than forty-eight hours from, the date that the\nchemical test was administered, provided, however, where the\ncommissioner determines, based upon the availability of hearing officers\nand the anticipated volume of hearings at a particular location, that\nthe scheduling of such hearing within thirty days would impair the\ntimely scheduling or conducting of other hearings pursuant to this\nchapter, such hearing shall be scheduled at the next hearing date for\nsuch particular location. When providing the operator with such hearing\nnotice, the police officer shall also give to the operator, and shall,\nprior to the commencement of the hearing, provide to the department,\ncopies of the following reports, documents and materials: any written\nreport or document, or portion thereof, concerning a physical\nexamination, a scientific test or experiment, including the most recent\nrecord of inspection, or calibration or repair of machines or\ninstruments utilized to perform such scientific tests or experiments and\nthe certification certificate, if any, held by the operator of the\nmachine or instrument, which tests or examinations were made by or at\nthe request or direction of a public servant engaged in law enforcement\nactivity. The report of the police officer shall be verified by having\nthe report sworn to, or by affixing to such report a form notice that\nfalse statements made therein are punishable as a class A misdemeanor\npursuant to section 210.45 of the penal law and such form notice\ntogether with the subscription of the deponent shall constitute\nverification of the report.\n (b) Every person under the age of twenty-one who is alleged to have\noperated a motor vehicle after having consumed alcohol as set forth in\nsection eleven hundred ninety-two-a of this article, and who is not\ncharged with violating any subdivision of section eleven hundred\nninety-two of this article arising out of the same incident, is entitled\nto a hearing before a hearing officer in accordance with the provisions\nof this section. Unless otherwise provided by law, the license or permit\nto drive or any non-resident operating privilege of such person shall\nnot be suspended or revoked prior to the scheduled date for such\nhearing.\n (i) The hearing shall be limited to the following issues: (1) did\nsuch person operate the motor vehicle; (2) was a valid request to submit\nto a chemical test made by the police officer in accordance with the\nprovisions of section eleven hundred ninety-four of this article; (3)\nwas such person less than twenty-one years of age at the time of\noperation of the motor vehicle; (4) was the chemical test properly\nadministered in accordance with the provisions of section eleven hundred\nninety-four of this article; (5) did the test find that such person had\ndriven after having
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