§47-7-335.

§47-7-335.
   
   (a) The Department shall upon request consent to the immediate
   cancellation of any bond or the Department shall direct and the State
   Treasurer shall return to the person entitled thereto any money or
   securities deposited pursuant to this article or Article II of this
   chapter as proof of financial responsibility, or the Department shall
   waive the requirement of filing proof, in any of the following events:
   
   1. In the event of the death of the person on whose behalf such proof
   was filed or the permanent incapacity of such person to operate a
   motor vehicle; or
   
   2. In the event the person who has given proof surrenders his license
   and registration to the Department.
   
   (b) Provided, however, that the Department shall not consent to the
   cancellation of any bond or the return of any money or securities in
   the event any action for damages upon a liability covered by such
   proof is then pending or any judgment upon any such liability is then
   unsatisfied, or in the event the person who has filed such bond or
   deposited such money or securities has within one (1) year immediately
   preceding such request been involved as a driver or owner in any motor
   vehicle accident resulting in injury or damage to the person or
   property of others. An affidavit of the applicant as to the
   nonexistence of such facts, or that he has been released from all of
   his liability, or has been finally adjudicated not to be liable, for
   such injury or damage, shall be sufficient evidence thereof in the
   absence of evidence to the contrary in the records of the Department.