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HF 1244

as introduced - 90th Legislature (2017 - 2018) Posted on 03/15/2017 12:32pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/14/2017

Current Version - as introduced

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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
2016, section 160.18, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2016, section 160.18, is amended by adding a subdivision
to read:


new text begin Subd. 4. new text end

new text begin Trunk highway appeal process. new text end

new text begin (a) Notwithstanding chapter 14 and section
14.386, the commissioner must establish a concise, expedited process that allows an owner
or occupant of a property abutting a trunk highway to appeal a denial or revocation of an
access permit. The owner or occupant must initiate an appeal no later than 30 days after the
date the commissioner issues written notice of the denial or revocation of an access permit.
The process must provide the owner or occupant and Department of Transportation staff
the opportunity to present information supporting each party's respective position. The
hearing must be conducted by an administrative law judge assigned by the chief
administrative law judge. The administrative law judge must maintain a transcript of the
hearing and keep a record of all documents and data submitted at the hearing. Within 30
days of the hearing's conclusion, the administrative law judge must transmit to the
commissioner the record of the proceedings, along with a report and recommendation based
on the record made in the informal hearing. The commissioner must make a written decision
regarding the access permit.
new text end

new text begin (b) Section 15.99 does not apply to appeals under this subdivision.
new text end