HF 92

2nd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to drivers' licenses; modifying required 
  1.3             content of petition for seeking judicial review of 
  1.4             driver's license revocation for violating implied 
  1.5             consent law; allowing judges to order additional 
  1.6             discovery in that proceeding; amending Minnesota 
  1.7             Statutes 1998, section 169.123, subdivision 5c. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1998, section 169.123, 
  1.10  subdivision 5c, is amended to read: 
  1.11     Subd. 5c.  [PETITION FOR JUDICIAL REVIEW.] (a) Within 30 
  1.12  days following receipt of a notice and order of revocation or 
  1.13  disqualification pursuant to this section, a person may petition 
  1.14  the court for review.  The petition shall be filed with the 
  1.15  district court administrator in the county where the alleged 
  1.16  offense occurred, together with proof of service of a copy on 
  1.17  the commissioner of public safety, and accompanied by the 
  1.18  standard filing fee for civil actions.  No responsive pleading 
  1.19  shall be required of the commissioner of public safety, and no 
  1.20  court fees shall be charged for the appearance of the 
  1.21  commissioner of public safety in the matter.  
  1.22     (b) The petition must: 
  1.23     (1) be captioned in the full name of the person making the 
  1.24  petition as petitioner and the commissioner of public safety as 
  1.25  respondent; 
  1.26     (2) include the petitioner's date of birth, driver's 
  2.1   license number, and date of the offense; and 
  2.2      (3) state with specificity the grounds upon which the 
  2.3   petitioner seeks rescission of the order of revocation, 
  2.4   disqualification, or denial and state the facts underlying each 
  2.5   claim asserted. 
  2.6      (c) The filing of the petition shall not stay the 
  2.7   revocation, disqualification, or denial.  The reviewing court 
  2.8   may order a stay of the balance of the revocation or 
  2.9   disqualification if the hearing has not been conducted within 60 
  2.10  days after filing of the petition upon terms the court deems 
  2.11  proper. 
  2.12     (d) Judicial reviews shall be conducted according to the 
  2.13  rules of civil procedure except that prehearing discovery is 
  2.14  mandatory and is limited to: 
  2.15     (1) the notice of revocation; 
  2.16     (2) the test record, or in the case of blood or urine 
  2.17  tests, the certificate of analysis; 
  2.18     (3) the peace officer's certificate and any accompanying 
  2.19  documentation submitted by the arresting officer to the 
  2.20  commissioner of public safety; and 
  2.21     (4) disclosure of potential witnesses, including experts, 
  2.22  and the basis of their testimony. 
  2.23  Other types of discovery are not available only upon order of 
  2.24  the court. 
  2.25     Sec. 2.  [EFFECTIVE DATE.] 
  2.26     Section 1 is effective the day following final enactment.