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2013 SESSION
12100621DBe it enacted by the General Assembly of Virginia:
1. That § 46.2-416 of the Code of Virginia is amended and reenacted as follows:
§ 46.2-416. Notice of suspension or revocation of license.
A. Whenever it is provided in this title that a driver's
license may or shall be suspended or revoked either by the Commissioner or by a
court, notice of the suspension or revocation or any certified copy of the
decision or order of the Commissioner may shall
be sent by the Department by certified mail to the driver at the most recent
address of the driver on file at the Department. If the driver has previously
been notified by mail or in person of the suspension or revocation or of an
impending suspension for failure to pay fines and costs pursuant to § 46.2-395,
whether notice is given by the court or law-enforcement officials as provided
by law, and the Department has been notified by the court that notice was so
given and the fines and costs were not paid within 15 days, no notice of
suspension shall be sent by the Department to the driver. If the certificate of
the Commissioner or someone designated by him for that purpose shows that the
notice or copy has been so sent or provided, it shall be deemed prima facie
evidence that the notice or copy has been sent and delivered or otherwise
provided to the driver for all purposes involving the application of the
provisions of this title. In the discretion of the Commissioner, service may be
made as provided in § 8.01-296, which service on the driver shall be made by
delivery in writing to the driver in person in accordance with subdivision 1 of
§ 8.01-296 by a sheriff or deputy sheriff in the county or city in which the
address is located, who shall, as directed by the Commissioner, take possession
of any suspended or revoked license, registration card, or set of license
plates or decals and return them to the office of the Commissioner. No such
service shall be made if, prior to service, the driver has complied with the
requirement which caused the issuance of the decision or order. In any such
case, return shall be made to the Commissioner.
B. In lieu of making a direct payment to sheriffs as a fee for delivery of the Department's processes, the Commissioner shall effect a transfer of funds, on a monthly basis, to the Compensation Board to be used to provide additional support to sheriffs' departments. The amount of funds so transferred shall be as provided in the general appropriation act.
C. The Department may contract with the United States Postal Service or an authorized agent to use the National Change of Address System for the purpose of obtaining current address information for a person whose name appears in customer records maintained by the Department. If the Department receives information from the National Change of Address System indicating that a person whose name appears in a Department record has submitted a permanent change of address to the Postal Service, the Department may then update its records with the mailing address obtained from the National Change of Address System.