SF 1832

as introduced - 89th Legislature (2015 - 2016) Posted on 05/22/2016 12:10pm

A bill for an act
relating to transportation; providing for appeal process for denial or revocation
of driveway permit by commissioner of transportation; amending Minnesota
Statutes 2014, section 160.18, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2014, section 160.18, is amended by adding a
subdivision to read:

new text begin Subd. 4. new text end

new text begin Appeal. new text end

new text begin (a) The denial or revocation of a driveway permit under
subdivision 3 by the commissioner of transportation may be appealed under the provisions
of the Administrative Procedure Act relating to contested cases. Upon receipt of an
appeal by an individual, the commissioner shall, before issuing the order and notice
of a contested case hearing required by chapter 14, try to resolve the dispute through
conference or conciliation. If the parties consent, the commissioner may refer the matter
to mediation. Following these efforts, the commissioner shall dismiss the appeal or issue
the order and notice of hearing.
new text end

new text begin (b) In an appeal of a driveway permit denial or revocation under subdivision 3, the
commissioner of transportation has the burden of proof, by clear and convincing evidence,
to show that the denial or revocation of the permit is necessary to prevent interference
with the construction, maintenance, and safe use of the highway and its appurtenances.
new text end