SF 2050

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to drivers' licenses; providing for 
  1.3             administrative review in lieu of judicial review of 
  1.4             driver's license revocations, disqualifications, and 
  1.5             denials due to DWI violations; amending Minnesota 
  1.6             Statutes 1998, section 169.123, subdivisions 5, 5b, 
  1.7             5c, 6, and 7. 
  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 5, is amended to read: 
  1.11     Subd. 5.  [NOTICE OF REVOCATION, DISQUALIFICATION, OR 
  1.12  DETERMINATION TO DENY; REQUEST FOR HEARING.] A revocation under 
  1.13  subdivision 4 or a disqualification under section 171.165 
  1.14  becomes effective at the time the commissioner of public safety 
  1.15  or a peace officer acting on behalf of the commissioner of 
  1.16  public safety notifies the person of the intention to revoke, 
  1.17  disqualify, or both, and of revocation or disqualification.  The 
  1.18  notice shall advise the person of the right to obtain agency and 
  1.19  administrative and judicial review as provided in this section.  
  1.20  If mailed, the notice and order of revocation or 
  1.21  disqualification is deemed received three days after mailing to 
  1.22  the last known address of the person. 
  1.23     Sec. 2.  Minnesota Statutes 1998, section 169.123, 
  1.24  subdivision 5b, is amended to read: 
  1.25     Subd. 5b.  [ADMINISTRATIVE AGENCY REVIEW.] At any time 
  1.26  during a period of revocation imposed under this section or a 
  2.1   period of disqualification imposed under section 171.165, a 
  2.2   person may request in writing a review of the order of 
  2.3   revocation or disqualification by the commissioner of public 
  2.4   safety, unless the person is entitled to review under section 
  2.5   171.166.  Upon receiving a request the commissioner or the 
  2.6   commissioner's designee shall review the order, the evidence 
  2.7   upon which the order was based, and any other material 
  2.8   information brought to the attention of the commissioner, and 
  2.9   determine whether sufficient cause exists to sustain the order.  
  2.10  Within 15 days of receiving the request the commissioner shall 
  2.11  report in writing the results of the review.  The review 
  2.12  provided in this subdivision is not subject to the contested 
  2.13  case provisions of the Administrative Procedure Act in sections 
  2.14  14.001 to 14.69.  
  2.15     The availability of administrative agency review for of an 
  2.16  order of revocation or disqualification has no effect upon the 
  2.17  availability of judicial administrative review by an 
  2.18  administrative law judge under this section subdivision 5c.  
  2.19     Agency review under this subdivision shall take place, if 
  2.20  possible, at the same time as any administrative review of the 
  2.21  person's impoundment order under section 168.042, subdivision 9. 
  2.22     Sec. 3.  Minnesota Statutes 1998, section 169.123, 
  2.23  subdivision 5c, is amended to read: 
  2.24     Subd. 5c.  [PETITION FOR JUDICIAL REQUEST FOR 
  2.25  ADMINISTRATIVE REVIEW.] (a) Within 30 days following receipt of 
  2.26  a notice and order of revocation or disqualification pursuant to 
  2.27  this section, a person may petition the court for request that 
  2.28  the office of administrative hearings review the order.  The 
  2.29  petition shall be filed with the district court administrator in 
  2.30  the county where the alleged offense occurred, together with 
  2.31  proof of service of a copy on the commissioner of public safety, 
  2.32  and accompanied by the standard filing fee for civil actions.  
  2.33  No responsive pleading shall be required of the commissioner of 
  2.34  public safety, and no court fees shall be charged for the 
  2.35  appearance of the commissioner of public safety in the matter.  
  2.36     (b) The petition request must: 
  3.1      (1) be captioned in the full name of the person making the 
  3.2   petition as petitioner and the commissioner of public safety as 
  3.3   respondent; 
  3.4      (2) include the petitioner's date of birth, driver's 
  3.5   license number, and date of the offense; and 
  3.6      (3) state with specificity the grounds upon which the 
  3.7   petitioner seeks rescission of the order of revocation, 
  3.8   disqualification, or denial and state the facts underlying each 
  3.9   claim asserted. 
  3.10     (c) The filing of the petition request for administrative 
  3.11  review shall not stay the revocation, disqualification, or 
  3.12  denial.  The reviewing court administrative law judge may order 
  3.13  a stay of the balance of the revocation or disqualification if 
  3.14  the hearing has not been conducted within 60 days after filing 
  3.15  of the petition upon terms the court judge deems proper. 
  3.16     (d) Judicial Administrative reviews before an 
  3.17  administrative law judge shall be conducted according to the 
  3.18  rules of civil procedure contested case provisions of the 
  3.19  Administrative Procedure Act in sections 14.57 to 14.62, except 
  3.20  that prehearing discovery is mandatory and is limited to: 
  3.21     (1) the notice of revocation; 
  3.22     (2) the test record, or in the case of blood or urine 
  3.23  tests, the certificate of analysis; 
  3.24     (3) the peace officer's certificate and any accompanying 
  3.25  documentation submitted by the arresting officer to the 
  3.26  commissioner of public safety; and 
  3.27     (4) disclosure of potential witnesses, including experts, 
  3.28  and the basis of their testimony. 
  3.29  Other types of discovery are not available. 
  3.30     Sec. 4.  Minnesota Statutes 1998, section 169.123, 
  3.31  subdivision 6, is amended to read: 
  3.32     Subd. 6.  [HEARING.] (a) A hearing under this section shall 
  3.33  be before a district judge in any county in the judicial 
  3.34  district where the alleged offense occurred.  The hearing shall 
  3.35  be to the court and may be conducted at the same time and in the 
  3.36  same manner as hearings upon pretrial motions in the criminal 
  4.1   prosecution under section 169.121, if any.  The 
  4.2   hearing subdivision 5c shall be recorded.  The commissioner of 
  4.3   public safety shall appear and be represented by the attorney 
  4.4   general or through the prosecuting authority for the 
  4.5   jurisdiction involved.  The hearing shall be held at the 
  4.6   earliest practicable date, and in any event no later than 60 
  4.7   days following the filing of the petition request for review.  
  4.8   The judicial district administrator shall establish procedures 
  4.9   to ensure efficient compliance with this subdivision.  To 
  4.10  accomplish this, the administrator may, whenever possible, 
  4.11  consolidate and transfer review hearings among the locations 
  4.12  within the judicial district where terms of district court are 
  4.13  held.  
  4.14     (b) The scope of the hearing shall be limited to the issues 
  4.15  in clauses (1) to (10): 
  4.16     (1) Did the peace officer have probable cause to believe 
  4.17  the person was driving, operating, or in physical control of: 
  4.18     (i) a motor vehicle in violation of section 169.121; or 
  4.19     (ii) a commercial motor vehicle in violation of section 
  4.20  169.1211? 
  4.21     (2) Was the person lawfully placed under arrest for 
  4.22  violation of section 169.121 or 169.1211? 
  4.23     (3) Was the person involved in a motor vehicle accident or 
  4.24  collision resulting in property damage, personal injury, or 
  4.25  death? 
  4.26     (4) Did the person refuse to take a screening test provided 
  4.27  for by section 169.121, subdivision 6? 
  4.28     (5) If the screening test was administered, did the test 
  4.29  indicate an alcohol concentration of 0.10 or more? 
  4.30     (6) At the time of the request for the test, did the peace 
  4.31  officer inform the person of the person's rights and the 
  4.32  consequences of taking or refusing the test as required by 
  4.33  subdivision 2? 
  4.34     (7) Did the person refuse to permit the test? 
  4.35     (8) If a test was taken by a person driving, operating, or 
  4.36  in physical control of a motor vehicle, did the test results 
  5.1   indicate at the time of testing: 
  5.2      (i) an alcohol concentration of 0.10 or more; or 
  5.3      (ii) the presence of a controlled substance listed in 
  5.4   schedule I or II, other than marijuana or tetrahydrocannabinols? 
  5.5      (9) If a test was taken by a person driving, operating, or 
  5.6   in physical control of a commercial motor vehicle, did the test 
  5.7   results indicate an alcohol concentration of 0.04 or more at the 
  5.8   time of testing? 
  5.9      (10) Was the testing method used valid and reliable and 
  5.10  were the test results accurately evaluated? 
  5.11     (c) It shall be an affirmative defense for the petitioner 
  5.12  to prove that, at the time of the refusal, the petitioner's 
  5.13  refusal to permit the test was based upon reasonable grounds. 
  5.14     (d) Certified or otherwise authenticated copies of 
  5.15  laboratory or medical personnel reports, records, documents, 
  5.16  licenses, and certificates shall be admissible as substantive 
  5.17  evidence.  
  5.18     (e) The court administrative law judge shall order that 
  5.19  make findings of fact and conclusions of law and determine 
  5.20  whether the revocation or disqualification should be either 
  5.21  rescinded or sustained and forward the order to the commissioner 
  5.22  of public safety.  The court judge shall file its order the 
  5.23  decision within 14 days following the hearing and shall forward 
  5.24  it to the commissioner of public safety.  The administrative law 
  5.25  judge's decision shall be a final decision of the commissioner.  
  5.26  If the revocation or disqualification is sustained, the court 
  5.27  judge shall also forward the person's driver's license or permit 
  5.28  to the commissioner of public safety for further action by the 
  5.29  commissioner of public safety if the license or permit is not 
  5.30  already in the commissioner's possession. 
  5.31     Sec. 5.  Minnesota Statutes 1998, section 169.123, 
  5.32  subdivision 7, is amended to read: 
  5.33     Subd. 7.  [APPEAL.] Any party aggrieved by the decision of 
  5.34  the reviewing court administrative law judge may appeal the 
  5.35  decision to the court of appeals as provided in the rules of 
  5.36  appellate procedure in sections 14.63 to 14.68. 
  6.1      Sec. 6.  [EFFECTIVE DATE.] 
  6.2      Sections 1 to 5 are effective August 1, 1999, and apply to 
  6.3   acts occurring on or after that date.