DMV admin per se: request administrative hearing to be decided before suspension takes effect (10 days after receipt of notice)

10 days after receipt of the notice of order of suspension or revocation (usually personal service by the officer at arrest), under Veh. Code 13558(b), (d), 14100; Gov. Code 6707.

Rule text

Veh. Code 13558(b): "If the person wishes to have a hearing before the effective date of the order of suspension or revocation, the request for a hearing shall be made within 10 days of the receipt of the notice of the order of suspension or revocation." Veh. Code 13558(d): "The department shall hold the administrative hearing before the effective date of the order of suspension or revocation if the request for the hearing is postmarked or received by the department on or before 10 days after the person’s receipt of the service of the notice of the order of suspension or revocation pursuant to Section 13353.2, 13388, 23612, or 13382." Veh. Code 14100(a): "Whenever the department has given notice, or has taken or proposes to take action under Section 12804.15, 13353, 13353.2, 13950, 13951, 13952, or 13953, the person receiving the notice or subject to the action may, within 10 days, demand a hearing which shall be granted, except as provided in Section 14101."

Veh. Code 13558(b), (d), 14100; Gov. Code 6707, official source

Calculate this deadline

Deadline
Monday, November 16, 2026
  1. Trigger (Receipt of the notice of order of suspension or revocation (usually personal service by the officer at arrest)): Friday, November 6, 2026.
  2. Exclude the trigger day and count 10 calendar days: Monday, November 16, 2026.
Rules applied
Veh. Code 13558(b), (d), 14100; Gov. Code 6707
Veh. Code 13558(b): "If the person wishes to have a hearing before the effective date of the order of suspension or revocation, the request for a hearing shall be made within 10 days of the receipt of the notice of the order of suspension or revocation." Veh. Code 13558(d): "The department shall hold the administrative hearing before the effective date of the order of suspension or revocation if the request for the hearing is postmarked or received by the department on or before 10 days after the person’s receipt of the service of the notice of the order of suspension or revocation pursuant to Section 13353.2, 13388, 23612, or 13382." Veh. Code 14100(a): "Whenever the department has given notice, or has taken or proposes to take action under Section 12804.15, 13353, 13353.2, 13950, 13951, 13952, or 13953, the person receiving the notice or subject to the action may, within 10 days, demand a hearing which shall be granted, except as provided in Section 14101."
Official source
Gov. Code 6800; Gov. Code 6707 (filings with a state agency); CCP 12, 12a, 13; agency rules 8 CCR 10600 (WCAB), 8 CCR 32130 (PERB), 22 CCR 5000 'Holiday' definition (CUIAB)
Gov. Code 6800: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." Gov. Code 6707: "When the last day for filing any instrument or other document with a state agency falls upon a Saturday or holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed." 8 CCR 10600: "(a) The time in which any act provided by these rules is to be performed is computed by excluding the first day and including the last. (b) Unless otherwise provided by law, if the last day for exercising or performing any right or duty to act or respond falls on a weekend, or on a holiday for which the offices of the Workers' Compensation Appeals Board are closed, the act or response may be performed or exercised upon the next business day." 8 CCR 32130(a)-(b) (PERB): "(a) In computing any period of time under these regulations, except under Section 32776(c), (d), (e) and (f), the period of time begins to run the day after the act or occurrence referred to. (b) Whenever the last date to file a document falls on Saturday, Sunday, or a holiday, as defined in Government Code Sections 6700 and 6701, or PERB offices are closed, the time period for filing shall be extended to and include the next regular PERB business day. The extension of time provided herein shall be applied subsequent to the application of any other extension of time provided by these regulations or by other applicable law." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays."
Official source
  • Calendar days from RECEIPT of the notice (for officer-served notices, the arrest date). Timely if postmarked or received by DMV by day 10 (13558(d)). The statutes do not state a weekend/holiday rule; Gov. Code 6707 (filing with a state agency on a Saturday or holiday may be done the next business day) and CCP 12a support rolling to the next business day, but because the consequence (no pre-suspension hearing, stay under 13558(e)) is severe, request within 10 calendar days. A request after day 10 may still be heard but the suspension is not held off pending hearing; whether a late request is otherwise barred (Veh. Code 14101(b)) is not resolved here (LAWYER REVIEW). Request does not stay the suspension (13558(e)); if DMV fails to hold the hearing in time it must stay the suspension.
  • If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.

This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.

Worked example

Receipt of the notice of order of suspension or revocation (usually personal service by the officer at arrest) on Monday, March 15, 2027, personal service: due Thursday, March 25, 2027.

  1. Trigger (Receipt of the notice of order of suspension or revocation (usually personal service by the officer at arrest)): Monday, March 15, 2027.
  2. Exclude the trigger day and count 10 calendar days: Thursday, March 25, 2027.

Notes

Calendar days from RECEIPT of the notice (for officer-served notices, the arrest date). Timely if postmarked or received by DMV by day 10 (13558(d)). The statutes do not state a weekend/holiday rule; Gov. Code 6707 (filing with a state agency on a Saturday or holiday may be done the next business day) and CCP 12a support rolling to the next business day, but because the consequence (no pre-suspension hearing, stay under 13558(e)) is severe, request within 10 calendar days. A request after day 10 may still be heard but the suspension is not held off pending hearing; whether a late request is otherwise barred (Veh. Code 14101(b)) is not resolved here (LAWYER REVIEW). Request does not stay the suspension (13558(e)); if DMV fails to hold the hearing in time it must stay the suspension.

Related deadlines

All California agencies deadlines

Rules current as of 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.