Section 33-5-75 - Authority of Commissioner of Conservation and Natural Resources to cancel certification or to suspend or revoke privilege of operating vessel; procedures(a) The secretary may cancel any boater safety certification upon determining that the holder of the certification was not entitled to the issuance or that the holder failed to give the correct or required information in the application for certification. Upon cancellation, the holder shall surrender his or her canceled certification and any duplicate of the certification. (b) The privilege of operating a vessel on the waters of this state shall be subject to suspension or revocation by the secretary in like manner and for like cause as a boater safety certification may be suspended or revoked.(c) The secretary, upon receiving a record of the conviction in this state of a nonresident operator of a vessel of any offense, may forward a certified copy of the record to the boater safety administrator in the state where the person was convicted is a resident.(d) When a nonresident's operating privilege or Alabama boater safety certification is suspended or revoked, the secretary may forward a certified copy of the record of the action to the boater safety administrator in the state where the person resides.(e) The secretary may suspend or revoke the boater safety certification of any person in this state or the privilege of any person to operate a vessel on the waters of this state upon receiving notice of the conviction of the person in another state of any offense therein which, if committed in this state, would be grounds for the suspension or revocation of the boater safety certification or vessel operating privilege of a vessel operator.(f) The secretary may give effect to conduct of a resident in another state as is provided by the laws of this state had the conduct occurred in this state.(g) When any person is convicted of any offense for which this article makes mandatory the revocation of the certification of the person, the court shall require the surrender of the certification documents and duplicates of any boater safety certification held by the person convicted and shall forward the proof of certification surrendered together with a record of the conviction to the secretary.(h) Within 15 days of a conviction of any person for a violation of any law for which the person is subject to boater safety certification or vessel operating privilege suspension or revocation, the court shall forward a record of the conviction to the secretary and may recommend the suspension of the certification or vessel operating privilege of the person .(i) For the purposes of this section, the term "conviction" shall mean a final conviction. Also, for the purposes of this section, an unvacated forfeiture of bail or collateral deposited to secure a defendant's appearance in court, a plea of nolo contendere accepted by the court, the payment of a fine, a plea of guilty, or a finding of guilt of a boating or vessel operation violation charge shall be equivalent to a conviction regardless of whether the penalty is rebated, suspended, or probated.(j) The secretary shall revoke the certification or vessel operating privilege of any person upon receiving a record of the person's conviction of any of the following offenses: (1) Manslaughter or homicide by vehicle or vessel resulting from the operation of a vessel.(2) Any violation of Section 32-5A-191.3 which requires revocation.(3) Any offense of any law or rule for which mandatory revocation is required upon conviction.(4) Any felony in the commission of which a vessel is used.(5) Failure to stop, render aid, or identify the person as required under the laws of this state in the event of a boating accident resulting in the death or personal injury of another.(6) Perjury or the making of a false affidavit or statement under oath to the secretary under this article or under any other law or rule relating to the ownership or operation of vessels.(7) Conviction upon three charges of reckless or careless operation of a vessel committed within a period of 12 months.(8) Unauthorized use of a vessel belonging to another which use does not amount to a felony.(k) The secretary may suspend the certification or operating privilege of a person without preliminary hearing upon a showing by its records or other sufficient evidence that the person did any of the following:(1) Has committed an offense for which mandatory revocation is required upon conviction.(2) Has been convicted of any offense under Section 32-5A-191.3 which provides for suspension.(3) Has been convicted of any offense of any law or rule which provides for suspension.(4) Has been convicted with frequency of serious offenses against boating or vessel operation laws or rules governing the movement of vessels indicating a disrespect for boating or vessel operation laws and a disregard for the safety of other persons on the waters of this state.(5) Is an habitually reckless, careless, or negligent operator of a vessel, established by a record of accidents, or by other evidence.(6) Is incompetent to operate a vessel.(7) Has permitted an unlawful or fraudulent use of certification.(8) Has committed an offense in another state which if committed in this state would be grounds for suspension or revocation.(9) Has been convicted of fleeing or attempting to elude any law enforcement officer.(10) Has violated a restricted boater safety certification pursuant to Section 33-5-61.(l) Upon suspending the certification or operating privilege of any person, the secretary shall immediately notify the person in writing and upon request shall afford the person an opportunity for a hearing as early as practicable, not to exceed 30 days after receipt of the request, in the county where the person resides or in Montgomery County in the case of a nonresident, unless the secretary and the person agree that the hearing may be held in some other county. The hearing shall be before the secretary or a duly authorized agent. At the hearing, the secretary or duly authorized agent may administer oaths, issue subpoenas for the attendance of witnesses and the production of relevant books and papers, and require a reexamination of the person. At the hearing, the secretary or duly authorized agent shall either rescind its order of suspension or, upon good cause shown, may continue, modify, or extend the suspension or revoke the certification or operating privilege of the person. If the certification or operating privilege has been suspended as a result of the person's operation while under the influence of alcohol, the secretary or duly authorized agent shall consider, among other relevant factors, the person's successful completion of any duly established waterway intoxication seminar, "DUI counterattack course," or similar educational program designed for problem drinking operators. If the hearing is conducted by a duly authorized agent instead of by the secretary, the action of the agent shall first be approved by the secretary prior to implementation. (m) The secretary, upon cancelling, suspending, or revoking a certification, shall require that proof of certification and any duplicates be surrendered to ALEA. Any person whose certification has been cancelled, suspended, or revoked shall immediately return the certification and any duplicates to ALEA. If the person refuses to surrender the certification, the person shall be guilty of a Class C misdemeanor .(n) Any resident or nonresident whose certification or privilege to operate a vessel in this state has been suspended or revoked, as provided in this section, may not operate a vessel in this state under a certification or other approved valid document issued by any other jurisdiction during the suspension or after revocation until a new Alabama certification or privilege is obtained as permitted under this article.(o) Any person denied a certification or whose certification or operating privilege has been cancelled, suspended, or revoked by the secretary, except where cancellation, suspension, or revocation is mandatory under this article, may file a petition within 30 days for a hearing in the matter in the circuit court in the county wherein the person resides, or, in the case of cancellation, suspension, or revocation of a nonresident's certification or operating privilege, in the county in which the main office of the secretary is located. The circuit court shall have jurisdiction for hearing the petitions for certification or operating privilege. The circuit court shall set the matter for hearing upon 30 days' written notice to the secretary and shall take testimony, examine the facts of the case, and determine whether the petitioner is entitled to a certification or operating privilege under this section or is subject to suspension, cancellation, or revocation.Ala. Code § 33-5-75 (1975)
Amended by Act 2023-363,§ 1, eff. 1/1/2024.Acts 1994, No. 94-652, p. 1243, §29.