431 U.S. 105
97 S.Ct. 1723
52 L.Ed.2d 172
Alan J. DIXON, Secretary of State of Illinois, Appellant,v.Dennis N. LOVE, etc.
No. 75-1513.
Argued March 1-2, 1977.
Decided May 16, 1977.

Syllabus
The Illinois Driver Licensing Law authorizes the Secretary of State of Illinois to suspend or revoke a driver's license without preliminary hearing upon a showing by his records or other sufficient evidence that the driver's conduct falls into any of 18 enumerated categories, one of which is that the driver has been repeatedly convicted of offenses against traffic laws to a degree indicating "lack of ability to exercise ordinary and reasonable care in the safe operation of a motor vehicle or disrespect for the traffic laws and the safety of other persons upon the highway." (§ 6-206(a)(3)). Pursuant to this provision the Secretary issued a regulation requiring revocation in the event a driver's license is otherwise suspended three times within a 10-year period. Under the statutory scheme the Secretary must provide immediate written notice of a discretionary suspension or revocation and within 20 days of his receiving a written request from the licensee must schedule a full evidentiary hearing for a date "as early as practical," and his final decision is subject to judicial review. After the license of appellee, a truckdriver, became subject to suspension under another section of the statute, the Secretary ordered the license revoked under § 6-206(a)(3) and the corresponding rule. Without requesting an administrative hearing, appellee brought this action challenging the constitutionality of § 6-206(a)(3). A three-judge District Court, relying on Bell v. Burson, 402 U.S. 535, 91 S.Ct. 1586, 29 L.Ed.2d 90, granted appellee relief on the ground that a license cannot constitutionally be revoked under the challenged statute until after a hearing is held to determine whether the licensee meets the statutory criteria. Held : The Illinois statute, as implemented by the Secretary's regulations, is constitutionally adequate under the Due Process Clause of the Fourteenth Amendment, as analyzed in Mathews v. Eldridge, 424 U.S. 319, 333, 96 S.Ct. 893, 902, 47 L.Ed.2d 18. Pp. 112-116.
(a) The nature of the private interest involved here (the granted license to operate a motor vehicle) is not so great as to require a departure from "the ordinary principle . . . that something less than an evidentiary hearing is sufficient prior to adverse administrative action," Eldridge, supra, at 343, 96 S.Ct. at 907, particularly in light of statutory provisions for hardship and for holders of commercial licenses, who are those most likely to be affected by the deprival of driving privileges. Pp. 113.
(b) The risk of an erroneous deprivation absent a prior hearing is not great and additional procedures would not significantly reduce the number of erroneous deprivations. Here the Secretary's regulations make suspension and revocation decisions largely automatic, and appellee is asserting the right to appear at a prerevocation hearing merely to argue for leniency. Pp. 113-114.
(c) The requirement of a pretermination hearing in every case would impede the public interest of administrative efficiency as well as highway safety, which is promoted by the prompt removal of hazardous drivers. Bell v. Burson, supra, distinguished. Pp. 114-115.
Reversed.
James O. Latturner, Chicago, Ill., for appellee.
Patricia Rosen, Chicago, Ill., for appellant.
Mr. Justice BLACKMUN delivered the opinion of the Court.


1
The issue in this case is whether Illinois has provided constitutionally adequate procedures for suspending or revoking the license of a driver who repeatedly has been convicted of traffic offenses. The statute and administrative regulations provide for an initial summary decision based on official records, with a full administrative hearing available only after the suspension or revocation has taken effect.


2
* The case centers on § 6-206 of the Illinois Driver Licensing Law (c. 6 of the Illinois Vehicle Code). The section is entitled "Discretionary authority to suspend or revoke license or permit." It empowers the Secretary of State to act "without preliminary hearing upon a showing by his records or other sufficient evidence" that a driver's conduct falls into any one of 18 enumerated categories. Ill.Rev.Stat., c. 951/2, § 6-206(a) (1975). Pursuant to his rulemaking authority under this law, § 6-211(a),1 the Secretary has adopted administrative regulations that further define the bases and procedures for discretionary suspensions. These regulations generally provide for an initial summary determination based on the individual's driving record.2 The Secretary has established a comprehensive system of assigning "points" for various kinds of traffic offenses, depending on severity, to provide an objective means of evaluating driving records.


3
One of the statutorily enumerated circumstances justifying license suspension or revocation is conviction of three moving traffic offenses within a 12-month period. § 6-206(a)(2).3 This is one of the instances where the Secretary, by regulation, has provided a method for determining the sanction according to the driver's accumulated "points."4


4
Another circumstance, specified in the statute, supporting suspension or revocation is where a licensee


5
"(h)as been repeatedly involved as a driver in motor vehicle      collisions or has been repeatedly convicted of


6
Page 109
 
      offenses against laws and ordinances regulating the movement
      of traffic, to a degree which indicates lack of ability to
      exercise ordinary and reasonable care in the safe operation
      of a motor vehicle or disrespect for the traffic laws and the
      safety of other persons upon the highway." § 6-206(a)(3).
 
      Here again the Secretary has limited his broad statutory
 discretion by an administrative regulation. This regulation allows
 suspension or revocation, where sufficient points have been
 accumulated to warrant a second suspension within a 5-year
 period.5 The regulation concludes flatly: "A person who has been
 suspended thrice within a 10 year period shall be revoked."
 
      Section 6-206(c)(1)6 requires the Secretary "immediately" to
 provide written notice of a discretionary suspension or revocation
 under this statute, but no prior hearing is required. Within 20
 days of his receiving a written request from the licensee, the
 Secretary must schedule a full evidentiary hear-


7
Page 110
 
 ing for a date "as early as practical" in either Sangamon County
 or Cook County, as the licensee may specify. § 2-118(a). The final
 decision of the Secretary after such hearing is subject to
 judicial review in the Illinois courts. § 2-118(e). In addition, a
 person whose license is suspended or revoked may obtain a
 restricted permit for commercial use or in case of hardship. §§
 6-206(c)(2) and (3).7
 
                              II
 
      Appellee Love, a resident of Chicago, is employed as a
 truck-driver. His license was suspended in November 1969, under §
 6-206(a)(2), for three convictions within a 12-month period. He
 was then convicted of a charge of driving while his license was
 suspended, and consequently another suspension was imposed in
 March 1970 pursuant to § 6-303(b). Appellee received no further
 citation until August 1974, when he was arrested twice for
 speeding. He was convicted of both charges and then received a
 third speeding citation in February 1975. On March 27, he was
 notified by letter that he would lose his driving privileges if
 convicted of a third offense. On March 31 appellee was convicted
 of the third speeding charge.


8
Page 111
 
      On June 3, appellee received a notice that his license was
 revoked effective June 6.8 The stated authority for the revocation
 was § 6-206(a)(3); the explanation, following the language of the
 statute, was:
 
      "This action has been taken as a result of: Your having been
      repeatedly convicted of offenses against laws and ordinances
      regulating the movement of traffic, to a degree which
      indicates disrespect for the traffic laws." App. 13.
 
      Appellee, then aged 25, made no request for an administrative
 hearing. Instead, he filed this purported class action9 on June 5
 against the Illinois Secretary of State in the United States
 District Court for the Northern District of Illinois. His
 complaint sought a declaratory judgment that § 6-206(a)(3) was
 unconstitutional, an injunction against enforcement of the
 statute, and damages. Appellee's application for a temporary
 restraining order was granted on condition that he apply for a
 hardship driving permit. He applied for that permit on June 10,
 and it was issued on July 25.
 
      A three-judge District Court was convened to consider
 appellee's claim that the Illinois statute was unconstitutional.
 On cross-motions for summary judgment, the court held that a
 license cannot constitutionally be suspended or revoked under §
 6-206(a)(3) until after a hearing is held to determine whether the
 licensee meets the statutory criteria of "lack of ability to
 exercise ordinary and reasonable care in the safe operation of a
 motor vehicle or disrespect for the traffic laws


9
Page 112
 
 and the safety of other persons upon the highway." The court
 regarded such a prior hearing as mandated by this Court's decision
 in Bell v. Burson, 402 U.S. 535, 91 S.Ct. 1586, 29 L.Ed.2d 90
 (1971). Accordingly, the court granted judgment for appellee and
 enjoined the Secretary of State from enforcing § 6-206(a)(3). The
 Secretary appealed, and we noted probable jurisdiction sub nom.
 Howlett v. Love, 429 U.S. 813, 97 S.Ct. 52, 50 L.Ed.2d 72 (1976).
 
                              III
 
        (1) It is clear that the Due Process Clause applies to the
 deprivation of a driver's license by the State:
 
      "Suspension of issued licenses . . . involves state action
      that adjudicates important interests of the licensees. In
      such cases the licenses are not to be taken away without that
      procedural due process required by the Fourteenth Amendment."
      Bell v. Burson, 402 U.S., at 539, 91 S.Ct., at 1589.
 
      It is equally clear that a licensee in Illinois eventually
 can obtain all the safeguards procedural due process could be
 thought to require before a discretionary suspension or revocation
 becomes final. Appellee does not challenge the adequacy of the
 administrative hearing, noted above, available under § 2-118. The
 only question is one of timing. This case thus presents an issue
 similar to that considered only last Term in Mathews v. Eldridge,
 424 U.S. 319, 333, 96 S.Ct. 893, 902, 47 L.Ed.2d 18 (1976),
 namely, "the extent to which due process requires an evidentiary
 hearing prior to the deprivation of some type of property interest
 even if such a hearing is provided thereafter." We may analyze the
 present case, too, in terms of the factors considered in Eldridge
 :
 
      "(I)dentification of the specific dictates of due process
      generally requires consideration of three distinct factors:
      first, the private interest that will be affected by the
      official action; second, the risk of an erroneous deprivation
      of such interest through the procedures used, and


10
Page 113
 
      probable value, if any, of additional or substitute
      procedural safeguards; and finally, the Government's
      interest, including the function involved and the fiscal and
      administrative burdens that the additional or substitute
      procedural requirement would entail." Id., at 335, 96 S.Ct.,
      at 903.
 
        (2) The private interest affected by the decision here is
 the granted license to operate a motor vehicle. Unlike the social
 security recipients in Eldridge, who at least could obtain
 retroactive payments if their claims were subsequently sustained,
 a licensee is not made entirely whole if his suspension or
 revocation is later vacated. On the other hand, a driver's license
 may not be so vital and essential as are social insurance payments
 on which the recipient may depend for his very subsistence. See
 Goldberg v. Kelly, 397 U.S. 254, 264, 90 S.Ct. 1011, 1018, 25
 L.Ed.2d 287 (1970). The Illinois statute includes special
 provisions for hardship and for holders of commercial licenses,
 who are those most likely to be affected by the deprival of
 driving privileges. See n. 7, supra. We therefore conclude that
 the nature of the private interest here is not so great as to
 require us "to depart from the ordinary principle, established by
 our decisions, that something less than an evidentiary hearing is
 sufficient prior to adverse administrative action." Mathews v.
 Eldridge, 424 U.S., at 343, 96 S.Ct., at 907. See Arnett v.
 Kennedy, 416 U.S. 134, 94 S.Ct. 1633, 40 L.Ed.2d 15 (1974).
 
      Moreover, the risk of an erroneous deprivation in the absence
 of a prior hearing is not great. Under the Secretary's
 regulations, suspension and revocation decisions are largely
 automatic. Of course, there is the possibility of clerical error,
 but written objection will bring a matter of that kind to the
 Secretary's attention. In this case appellee had the opportunity
 for a full judicial hearing in connection with each of the traffic
 convictions on which the Secretary's decision was based. Appellee
 has not challenged the validity of those convictions or the
 adequacy of his procedural rights at the time they were
 determined. Tr. of Oral Arg. 41, 47. Since appel-


11
Page 114
 
 lee does not dispute the factual basis for the Secretary's
 decision, he is really asserting the right to appear in person
 only to argue that the Secretary should show leniency and depart
 from his own regulations.10 Such an appearance might make the
 licensee feel that he has received more personal attention, but it
 would not serve to protect any substantive rights. We conclude
 that requiring additional procedures would be unlikely to have
 significant value in reducing the number of erroneous
 deprivations.
 
      Finally, the substantial public interest in administrative
 efficiency would be impeded by the availability of a
 pretermination hearing in every case. Giving licensees the choice
 thus automatically to obtain a delay in the effectiveness of a
 suspension or revocation would encourage drivers routinely to
 request full administrative hearings. See Mathews v. Eldridge, 424
 U.S., at 347, 96 S.Ct., at 909. Far more substantial than the
 administrative burden, however, is the important public interest
 in safety on the roads and highways, and in the prompt removal of
 a safety hazard. See Perez v. Campbell, 402 U.S. 637, 657, 671, 91
 S.Ct. 1704, 1715, 1722, 29 L.Ed.2d 233 (1971) (opinion concurring
 in part and dissenting in part). This factor fully distinguishes
 Bell v. Burson, supra, where the "only purpose" of the Georgia
 statute there under consideration was "to obtain security from
 which to pay any judgments against the licensee resulting from the
 accident". 402 U.S., at 540, 91 S.Ct., at 1590.11 In contrast, the
 Illinois statute at


12
Page 115
 
 issue in the instant case is designed to keep off the roads those
 drivers who are unable or unwilling to respect traffic rules and
 the safety of others.
 
      We conclude that the public interests present under the
 circumstances of this case are sufficiently visible and weighty
 for the State to make its summary initial decision effective
 without a predecision administrative hearing.
 
        (3) The present case is a good illustration of the fact
 that procedural due process in the administrative setting does not
 always require application of the judicial model. When a
 governmental official is given the power to make discretionary
 decisions under a broad statutory standard, case-by-case
 decisionmaking may not be the best way to assure fairness. Here
 the Secretary commendably sought to define the statutory standard
 narrowly by the use of his rulemaking authority.12 The decision to
 use objective rules in this case provides drivers with more
 precise notice of what conduct will be sanctioned and promotes
 equality of treatment among similarly situated drivers. The
 approach taken by the District Court would have the contrary
 result of reducing the fairness of the system, by requiring a
 necessarily subjective inquiry in each case as to a driver's
 "disrespect" or "lack of ability to exercise ordinary and
 reasonable care."
 
      The second count of appellee's complaint challenged §
 6-206(a)(3) on the grounds of vagueness and inadequacy of
 standards. The three-judge court did not reach the issue.


13
Page 116
 
 App. 22. We regard the claim, in the light of Love's record, as
 frivolous.
 
      The judgment of the District Court is reversed.
 
      It is so ordered.
 
      Mr. Justice REHNQUIST took no part in the consideration or
 decision of this case.
 
 djQ  Mr. Justice STEVENS, with whom Mr. Justice MARSHALL joins,
 concurring.
 
      While I join the opinion of the Court, I believe it is
 important to point out that the Court has not rejected the
 constitutional analysis of the District Court. The District Court
 held that a driver's license may not be revoked on the basis of an
 ex parte determination that certain facts "indicate . . .
 disrespect for the traffic laws." This Court does not disagree. It
 merely holds that the District Court erred in its assumption that
 appellee's license was revoked on the authority of the first
 sentence of Rule 6-206(a)3 (1975),1 which the District Court
 construed to require such a determination.2


14
Page 117
 
      The Court interprets the Secretary's action as resting on the
 second sentence of Rule 6-206(a)3 which provides that a person's
 license must be revoked if it has been suspended three times in 10
 years. Appellee's license had already been suspended twice. A
 third suspension would have been required under a different rule
 because appellee had three convictions in one year.3 Consequently,
 appellee's license was subject to mandatory revocation, see ante,
 at 111 n. 8, and no prior hearing was necessary.
 
 djQ  Mr. Justice BRENNAN, concurring in the result.
 
      My Brother STEVENS' concurring opinion makes clear that
 appellee's license was revoked under a valid regulation making revocation mandatory if his license had been suspended three times within 10 years. Rule 6-206(a)3 (1975). Appellee's license was properly suspended for a third time within a 10-year period when he was convicted of a speeding violation on March 31, 1976. This suspension, and both earlier suspensions, were based on convictions for traffic offenses which appellee does not contest here. Under these circumstances, the requirement of a prior hearing mandated by Bell v. Burson, 402 U.S. 535, 91 S.Ct. 1586, 29 L.Ed.2d 90 (1971), is not applicable since, as my Brother STEVENS demonstrates, a hearing was unnecessary to establish what was already clear that the revocation of appellee's license was mandatory.



1
 Section 6-211 (a): "The Secretary of State shall administer the provisions of this Chapter and may make and enforce rules and regulations relating to its administration."


2
 Rule 6-206(a) (1975) provides in part:
"The Secretary of State is authorized to exercise discretionary authority to suspend or revoke the license or permit of any person without a preliminary hearing, or to decline to suspend or revoke such driving privileges. In making a determination of the action to be taken, the Secretary of State shall take into consideration the severity of the offense and conviction, the number of offenses and convictions, and prior suspensions or revocations on the abstract of the driver's record. The Secretary may also take into consideration the points accumulated by the driver and noted on his driving record.
"For the purpose of this Rule and its companion rules, a conviction is the final adjudication of 'guilty' by a court of competent jurisdiction, either after a bench trial, trial by jury, plea of guilty, order of forfeiture, or default, as reported to the Secretary of State, and the Secretary of State is not authorized to consider or inquire into the facts and circumstances surrounding the conviction."


3
 The statute authorizes suspension or revocation where a licensee
"(h)as been convicted of not less than 3 offenses against traffic regulations governing the movement of vehicles with the exception of those offenses excluded under the provisions of Section 6-204(2), committed within any 12 month period so as to indicate the disrespect for traffic laws and a disregard for the safety of other persons on the highways; conviction upon 3 charges of violation of Section 11-601 of this Act committed within a period of 12 months shall be deemed grounds for the revocation or suspension of a license or permit under this Section, provided that no such revocation or suspension shall be entered more than 6 months subsequent to the date of conviction of the 3rd offense." Ill.Rev.Stat. c. 951/2, § 6-206(a)(2) (1975).


4
 Rule 6-206(a)2 (1975) provides:
"A person who has been convicted of three (3) or more offenses against traffic regulations, governing the movement of vehicles, with the exception of those offenses excluded under provisions of Section 6-204(2) and whose violations have occurred within a twelve (12) month period may be suspended as follows:
    "Number of points                   Action
 
        20 to 44                 Suspension up to 2 months
        45 to 74                 Suspension up to 3 months
        75 to 89                 Suspension up to 6 months
        90 to 99                 Suspension up to 9 months
       100 to 109                Suspension up to 12 months
        Over 110                 Revocation for not less than 12 months
 
      "A person who has accumulated sufficient points to warrant a
 second suspension within a 10-year period may be either suspended
 or revoked, depending on the number of points. In the event of a
 second suspension in the 10-year period, the length of suspension,
 determined by the point total, is doubled to arrive at the type
 and duration of action."
5 Rule 6-206(a)3 (1975) provides:
 
      "A person repeatedly involved in collisions or convictions to
 a degree which indicates the lack of ability to exercise ordinary
 and reasonable care in the safe operation of a motor vehicle, or
 whose record indicates disrespect for traffic laws and the safety
 of other persons on the highway, and who has accumulated
 sufficient points to warrant a second suspension within a 5 year
 period, may either be suspended or revoked by the Secretary of
 State, based upon the number of points in his record. A person who
 has been suspended thrice within a 10 year period shall be
 revoked."6.Section 6-206(c)(1): "Upon suspending or revoking the
 license or permit of any person as authorized in this Section, the
 Secretary of State shall immediately notify such person in writing
 of the order revoking or suspending the license or permit. Such
 notice to be deposited in the United States mail, postage prepaid,
 to the last known address of such person."
7 The statutory provision regarding commercial licenses
 provides that a suspension shall not deny "a person's license to
 drive a commercial vehicle only as an occupation . . . unless 5
 offenses were committed, at least 2 of which occurred while
 operating a commercial vehicle in connection with his regular
 occupation." The statute places the burden on the commercial
 driver whose license is suspended to submit an affidavit to the
 Secretary within 25 days, setting forth facts establishing his
 eligibility for relief under this section. A commercial driver may
 obtain the same relief by requesting an administrative hearing in
 lieu of submitting an affidavit. In any event, the driver must
 return his license to the Secretary and in its place is issued a
 permit to drive only a commercial vehicle in his regular
 occupation. § 6-206(c)(2).
 
      Any driver whose license is suspended or revoked, in order to
 "relieve undue hardship," may apply for a restricted permit to
 drive between his residence and his place of employment "or within
 other proper limits." § 6-206(c)(3).
8 Appellee's March speeding conviction was his third within
 a 12-month period, and thus § 6-206(a)(2) authorized suspension of
 his license. That suspension, however, would have been appellee's
 third within a 10-year period. The Secretary therefore proceeded
 directly under Rule 6-206(a)3, which makes revocation mandatory
 under such circumstances. The District Court treated this
 procedure as functionally equivalent to suspension under §
 6-206(a)(2), followed by mandatory revocation under Rule 6-206(a).
 See App. 20 n.2.9 The class was never certified.
10 Appellee also contends that a prior hearing would avoid
 erroneous deprivation of a license where the commercial driver or
 hardship exceptions are applicable. See n. 7, supra. It is clear,
 however, that these statutory provisions contemplate relief only
 after the initial decision to suspend or revoke is made, and the
 licensee has the burden of demonstrating his eligibility for the
 relief. An initial suspension or revocation, therefore, is not
 "erroneous" even if the licensee subsequently qualifies for relief
 as a commercial driver or hardship case.11 Since Bell v. Burson was decided, courts have sustained
 suspension or revocation of driving privileges, without prior
 hearing, where earlier convictions were on the record. See, e. g.,
 Cox v. Hjelle, 207 N.W.2d 266, 269-270 (N.D.1973); Stauffer v.
 Weedlun, 188 Neb. 105, 195 N.W.2d 218, appeal dismissed, 409 U.S.
 972, 93 S.Ct. 307, 34 L.Ed.2d 236 (1972); Horodner v. Fisher, 38
 N.Y.2d 680, 382 N.Y.S.2d 28, 345 N.E.2d 571, appeal dismissed, 429
 U.S. 802, 97 S.Ct. 33, 50 L.Ed.2d 62 (1976); Wright v. Malloy, 373
 F.Supp. 1011, 1018-1019 (Vt.), summarily aff'd, 419 U.S. 987, 95
 S.Ct. 297, 42 L.Ed.2d 261 (1974); Scott v. Hill, 407 F.Supp. 301,
 304 (ED Va. 1976).
12 See K. Davis, Discretionary Justice, c. III, 52-96
 (1969). The promulgation of rules may be of particular value when
 it is necessary for administrative decisions to be made summarily.
 See Freedman, Summary Action by Administrative Agencies, 40
 U.Chi.L.Rev. 1, 44-49 (1972).
1 Rule 6-206(a)3 provides:
 
      "A person repeatedly involved in collisions or convictions to
 a degree which indicates the lack of ability to exercise ordinary
 and reasonable care in the safe operation of a motor vehicle, or
 whose record indicates disrespect for traffic laws and the safety
 of other persons on the highway, and who has accumulated
 sufficient points to warrant a second suspension within a 5 year
 period, may either be suspended or revoked by the Secretary of
 State, based upon the number of points in his record. A person who
 has been suspended thrice within a 10 year period shall be
 revoked."2.The District Court construed Rule 6-206(a)3 as follows:
 
      "The statute makes suspension or revocation dependent on a
 determination of whether the driver's repeated involvement in
 collisions or conviction of offenses indicates lack of ability to
 use due care or disrespect for the traffic laws and the safety of
 others. The regulation makes suspension or revocation dependent
 both on such a determination and the accumulation of a given
 number of points, and even when the Secretary 'may' but is not
 required to suspend or revoke the driver's license. Only when a
 driver has been suspended thrice in a ten-year period is the
 Secretary's action made mandatory." App. 20.
3 Rule 6-206(a)2 (1975) provides in pertinent part:
 
      "A person who has been convicted of three (3) or more
 offenses against traffic regulations, governing the movement of
 vehicles, with the exception of those offenses excluded under
 provisions of Section 6-204(2) and whose violations have occurred
 within a twelve (12) month period may be suspended as follows:

    Number of Points                           Action
 
       20 to 44                         Suspension up to 2 months
       45 to 74                         Suspension up to 3 months
       75 to 89                         Suspension up to 6 months
       90 to 99                         Suspension up to 9 months
      100 to 109                        Suspension up to 12 months
       Over 110                         Revocation for not less than 12 months
This rule can be fairly construed to leave the Secretary substantial discretion concerning only the length of the suspension. Moreover, this rule implements Ill.Rev.Stat. c. 951/2, § 6-206(a)(2) (1975), but the complaint does not challenge the constitutionality of that subsection; only § 206(a)(3) is attacked.
The District Court noted that appellee had previously been "notified by letter that a further conviction would result in loss of his driving privileges." App. 17.


