SEC. 63-1-10. Educational requirements for issuance of license to person under eighteen years of age; documentation; appeal of denial of license.
(1) Any applicant for a license under eighteen (18) years of age must submit with the application documentation from the appropriate authority that the applicant is in compliance with Section 63-1-9 (g). The appropriate authority shall be the school principal of a public or private school or his designee, or, in the case of a home study program, the parent, or the adult education supervisor of the General Education Development Program or his designee. Documentation of the applicant's enrollment status shall be on a form designed by the Department of Education as approved by the Department of Public Safety in a manner that insures the authenticity of the form and any information or signature contained thereon. Any student who is eligible to apply for a license and who is properly enrolled in a school under the jurisdiction of the authority is entitled to receive the documentation for presentation to the Department of Public Safety to accompany the application. The forms required under this section to provide documentation shall be made available to public schools, private schools approved by the State Board of Elementary and Secondary Education, and adult education supervisors at school board offices and shall be made available to others through the Department of Public Safety.
(2) Whenever an applicant who is under eighteen (18) years of age is unable to attend any school program due to acceptable circumstances, the appropriate authority where the student last attended shall provide the student with documentation to present to the department to excuse such student from the provisions of Section 63-1-9 (g). The appropriate authority shall be the sole judge of whether withdrawal of a student or failure of a student to attend is due to acceptable circumstances. Suspension or expulsion from school or incarceration in a correctional institution is not an acceptable circumstance for a person being unable to attend school.
(3) Any person denied a license for failure to satisfy the education requirements of Section 63-1-9 (g) shall have the right to file a request within thirty (30) days thereafter for a hearing before the Department of Public Safety to determine whether the person is entitled to a license or is subject to the cancellation of his license under the provisions of this section. The hearing shall be held within ten (10) days of the receipt by the department of the request. Appeal from the decision of the department may be taken under Section 63-1-31.
SOURCES: Laws, 1994, ch. 588, Sec. 2, eff from and after September 1, 1995