(a) The division of motor vehicles shall not issue any license under this chapter: (1) To any person, as an operator, who is under the age of sixteen (16) years; (2) To any person, as a chauffeur, who is under the age of eighteen (18) years; (3) To any person, as an operator or chauffeur, whose license has been suspended, during that suspension, nor to any person whose license has been revoked, except as provided in § 31-11-10; (4) To any person, as an operator or chauffeur, who is a habitual drunkard or habitual user of drugs to such an extent that he or she is incapable of safely driving a motor vehicle; (5) To any person, as an operator or chauffeur, who is required by this chapter to take an examination unless that person shall have successfully passed that examination; (6) To any person who is required under the laws of this state to deposit proof of financial responsibility and who has not deposited that proof; (7) To any person when the administrator of the division of motor vehicles has good cause based on clear and convincing evidence to believe that that person does not meet a standard of physical or mental fitness for motor vehicle licensure established pursuant to § 31-10-44(b) and that the person’s physical or mental condition prevents him or her from being able to operate a motor vehicle with safety upon the highway; (8) To any person when the administrator of the division of motor vehicles has good cause to believe that the operation of a motor vehicle on the highways by that person would pose an imminent safety risk to the general public as determined by objectively ascertainable standards; (9) To any person who is subject to an order issued pursuant to § 14-1-67. (b) The division of motor vehicles shall notify in writing any person whose application for a license has been denied pursuant to subsection (a) of this section. The notice shall contain the factual and legal basis for the denial, the procedure for requesting a hearing, and the rights afforded the individual pursuant to the provisions of § 31-11-7(d) — (f). When physical or mental fitness is the basis for the denial, the notice shall reference the specific functional standard promulgated pursuant to § 31-10-44(b), which was relied upon by the division of motor vehicles. Upon his or her request the division of motor vehicles shall afford the license applicant an opportunity for a hearing as early as practical and no later than twenty (20) days after receipt of the request. (c) The hearing procedures afforded the applicant shall conform to the provisions of § 31-11-7(d) — (f).
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