HF 858

as introduced - 88th Legislature (2013 - 2014) Posted on 02/25/2013 02:12pm

A bill for an act
relating to public safety; authorizing a pilot project for the Office of
Administrative Hearings to review driver's license revocation or disqualification
and motor vehicle plate impoundment resulting from implied consent violations.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text begin DRIVER'S LICENSE REVOCATION; HEARING PILOT PROJECT.
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new text begin The commissioner of public safety may enter into interagency agreements with
federal, state, county, or municipal agencies for the purpose of funding, operating, or
administering a pilot project on effective driver's license revocation practice. The term
of any agreement executed under this section must not exceed June 30, 2016, and shall
implement the license revocation procedures of sections 2 to 8.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2. new text begin LICENSE REVOCATION.
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new text begin Notwithstanding Minnesota Statutes, sections 169A.52, subdivision 6; 169A.53; and
169A.60, subdivision 10, during the term of any pilot project authorized by sections 1
to 8, a license revocation under Minnesota Statutes, section 169A.52, subdivision 6, or
a disqualification under Minnesota Statutes, section 171.165, issued within a county or
municipality covered by the pilot project becomes effective at the time the commissioner
or a peace officer acting on behalf of the commissioner notifies the person of the intention
to revoke, disqualify, or both, and of revocation or disqualification. The notice must
advise the person of the right to obtain administrative review by the commissioner and a
contested case review under this section. If mailed, the notice and order of revocation
or disqualification is deemed received three days after mailing to the last known address
of the person.
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new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 2, 2014.
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Sec. 3. new text begin COMMISSIONER REVIEW.
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new text begin (a) At any time during a period of revocation imposed under Minnesota
Statutes, section 169A.52, revocation of license for test failure or refusal or a period
of disqualification imposed under Minnesota Statutes, section 171.165, (commercial
driver's license disqualification), a person may request in writing a review of the order
of revocation or disqualification by the commissioner, unless the person is entitled to
review under Minnesota Statutes, section 171.166, (review of disqualification). Upon
receiving a request, the commissioner or the commissioner's designee shall review the
order, the evidence upon which the order was based, and any other material information
brought to the attention of the commissioner, and determine whether sufficient cause
exists to sustain the order.
new text end

new text begin Within 15 days of receiving the request, the commissioner shall report in writing the
results of the review. The review provided in this section is not subject to the contested
case provisions of the Administrative Procedure Act in Minnesota Statutes, sections
14.001 to 14.69.
new text end

new text begin (b) The availability of administrative review by the commissioner for an order of
revocation or disqualification has no effect upon the availability of a contest case hearing
under this section.
new text end

new text begin (c) Review under this section must take place, if possible, at the same time as any
administrative review of the person's impoundment order under Minnesota Statutes,
section 169A.60, subdivision 9.
new text end

Sec. 4. new text begin LICENSE REVOCATION OR DISQUALIFICATION; PETITION FOR
A CONTESTED CASE HEARING.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, section 14.57, and other law to the contrary,
within 30 days following receipt of a notice and order of revocation or disqualification
pursuant to Minnesota Statutes, section 169A.52, (revocation of license for test failure
or refusal), a person may petition the Office of Administrative Hearings for review. The
petition must be filed with the Office of Administrative Hearings, together with proof of
service of a copy on the commissioner, and accompanied by the standard filing fee for
civil actions provided under Minnesota Statutes, section 357.021. Responsive pleading
is not required of the commissioner, and fees must not be charged for the appearance of
the commissioner in the matter.
new text end

new text begin (b) The petition must:
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new text begin (1) be captioned in the full name of the person making the petition as petitioner and
the commissioner as respondent;
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new text begin (2) include the petitioner's date of birth, driver's license number, and date of the
offense; and
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new text begin (3) state with specificity the grounds upon which the petitioner seeks recission of the
order of revocation, disqualification, or denial.
new text end

new text begin (c) The filing of the petition does not stay the revocation, disqualification, or denial.
The reviewing court hearing officer may order a stay of the balance of the revocation or
disqualification if the hearing has not been conducted within 60 days after filing of the
petition upon terms the hearing officer deems proper.
new text end

new text begin (d) Reviews must be conducted according to Minnesota Statutes, sections 14.57 to
14.69, and Minnesota Rules, parts 1400.5010 to 1400.8401, unless otherwise provided
in this section.
new text end

new text begin (e) Prehearing discovery is mandatory and is limited to:
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new text begin (1) the notice of revocation;
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new text begin (2) the test record or, in the case of blood or urine tests, the certificate of analysis;
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new text begin (3) the peace officer's certificate and any accompanying documentation submitted by
the arresting officer to the commissioner; and
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new text begin (4) disclosure of potential witnesses, including experts, and the basis of their
testimony.
new text end

new text begin Other types of discovery are available only upon order of the hearing officer.
new text end

Sec. 5. new text begin LICENSE REVOCATION OR DISQUALIFICATION; CONTESTED
CASE REVIEW HEARING; ISSUES, ORDER, APPEAL.
new text end

new text begin (a) The commissioner shall appear and be represented by the attorney general or
through the prosecuting authority for the jurisdiction involved. The hearing must be held at
the earliest practicable date, and in any event no later than 60 days following the filing of the
petition for review. To accomplish this, the administrator of the Office of Administrative
Hearings may, whenever possible, consolidate and transfer review hearings and receive
testimony and argument by means of interactive television. The hearing must be recorded.
new text end

new text begin (b) The scope of the hearing is limited to the issues in clauses (1) to (10):
new text end

new text begin (1) Did the peace officer have probable cause to believe the person was driving,
operating, or in physical control of a motor vehicle or commercial motor vehicle in
violation of Minnesota Statutes, section 169A.20, (driving while impaired)?
new text end

new text begin (2) Was the person lawfully placed under arrest for violation of Minnesota Statutes,
section 169A.20?
new text end

new text begin (3) Was the person involved in a motor vehicle accident or collision resulting in
property damage, personal injury, or death?
new text end

new text begin (4) Did the person refuse to take a screening test provided for by Minnesota Statutes,
section 169A.41, (preliminary screening test)?
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new text begin (5) If the screening test was administered, did the test indicate an alcohol
concentration of 0.08 or more?
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new text begin (6) At the time of the request for the test, did the peace officer inform the person
of the person's rights and the consequences of taking or refusing the test as required by
Minnesota Statutes, section 169A.51, subdivision 2?
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new text begin (7) Did the person refuse to permit the test?
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new text begin (8) If a test was taken by a person driving, operating, or in physical control of a
motor vehicle, did the test results indicate at the time of testing:
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new text begin (i) an alcohol concentration of 0.08 or more; or
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new text begin (ii) the presence of a controlled substance listed in schedule I or II or its metabolite,
other than marijuana or tetrahydrocannabinols?
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new text begin (9) If a test was taken by a person driving, operating, or in physical control of a
commercial motor vehicle, did the test results indicate an alcohol concentration of 0.04 or
more at the time of testing?
new text end

new text begin (10) Was the testing method used valid and reliable and were the test results
accurately evaluated?
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new text begin (c) It is an affirmative defense for the petitioner to prove that, at the time of the
refusal, the petitioner's refusal to permit the test was based upon reasonable grounds.
new text end

new text begin (d) Certified or otherwise authenticated copies of laboratory or medical personnel
reports, records, documents, licenses, and certificates are admissible as substantive
evidence.
new text end

new text begin (e) The hearing officer shall order that the revocation or disqualification be either
rescinded or sustained and forward the order to the commissioner. The hearing officer shall
file the order within 14 days following the hearing. If the revocation or disqualification is
sustained, the hearing officer shall also forward the person's driver's license or permit to
the commissioner for further action by the commissioner if the license or permit is not
already in the commissioner's possession.
new text end

new text begin (f) Any party aggrieved by the decision of the reviewing hearing officer may appeal
the decision as provided in Minnesota Statutes, chapter 14.
new text end

new text begin (g) The contested case hearing under this section shall not give rise to an estoppel on
any issues arising from the same set of circumstances in any criminal prosecution.
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new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 2, 2014.
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Sec. 6. new text begin ORDER OF IMPOUNDMENT; PETITION FOR CONTESTED CASE
REVIEW HEARING; APPEAL.
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new text begin (a) Notwithstanding Minnesota Statutes, section 14.57, and other law to the contrary,
within 30 days following receipt of a notice and order of impoundment under this section,
a person may petition the Office of Administrative Hearings for review. The petition
must include proof of service of a copy of the petition on the commissioner. The petition
must include the petitioner's date of birth, driver's license number, and date of the plate
impoundment violation, as well as the name of the violator and the law enforcement
agency that issued the plate impoundment order. The petition must state with specificity
the grounds upon which the petitioner seeks rescission of the order for impoundment.
The petition may be combined with any petition filed under Minnesota Statutes, section
169A.53.
new text end

new text begin (b) Except as otherwise provided in this section, the contested case hearing must
take place at the same time as any review hearing of the person's license revocation.
The filing of the petition does not stay the impoundment order. The reviewing hearing
officer may order a stay of the balance of the impoundment period if the hearing has not
been conducted within 60 days after filing of the petition upon terms the hearing officer
deems proper. The hearing officer shall order either that the impoundment be rescinded or
sustained, and forward the order to the commissioner. The hearing officer shall file its
order within 14 days following the hearing.
new text end

new text begin (c) In addition to the issues described in Minnesota Statutes, section 169A.53,
subdivision 3, (judicial administrative review of license revocation), the scope of a hearing
under this section is limited to:
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new text begin (1) if the impoundment is based on a plate impoundment violation described in
Minnesota Statutes, section 169A.60, subdivision 1, paragraph (d), clause (3) or (4),
whether the peace officer had probable cause to believe the violator committed the
plate impoundment violation and whether the evidence demonstrates that the plate
impoundment violation occurred; and
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new text begin (2) for all other cases, whether the peace officer had probable cause to believe the
violator committed the plate impoundment violation.
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new text begin (d) In a hearing under this section, the following records are admissible in evidence:
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new text begin (1) certified copies of the violator's driving record; and
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new text begin (2) certified copies of vehicle registration records bearing the violator's name.
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new text begin (e) Any party aggrieved by the decision of the hearing officer may appeal the
decision as provided in Minnesota Statutes, chapter 14.
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new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 2, 2014.
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Sec. 7. new text begin OFFICE OF ADMINISTRATIVE HEARINGS; FEE.
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new text begin The Office of Administrative Hearings shall charge and collect the filing fee from a
person filing a petition for an administrative review of a driver's license revocation under
Minnesota Statutes, section 169A.53, vehicle impoundment under Minnesota Statutes,
section 169A.60, or combined review.
new text end

new text begin Notwithstanding Minnesota Statutes, section 14.54, the Office of Administrative
Hearings shall transmit the fees monthly to the commissioner of management and budget
for deposit in the state treasury and credit to the general fund.
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new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013.
new text end