Minnesota Session Laws - 1999, Regular Session

                             CHAPTER 124-H.F.No. 92 
                  An act relating to drivers' licenses; modifying 
                  required content of petition for seeking judicial 
                  review of driver's license revocation for violating 
                  implied consent law; allowing judges to order 
                  additional discovery in that proceeding; amending 
                  Minnesota Statutes 1998, section 169.123, subdivision 
                  5c. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 169.123, 
        subdivision 5c, is amended to read: 
           Subd. 5c.  [PETITION FOR JUDICIAL REVIEW.] (a) Within 30 
        days following receipt of a notice and order of revocation or 
        disqualification pursuant to this section, a person may petition 
        the court for review.  The petition shall be filed with the 
        district court administrator in the county where the alleged 
        offense occurred, together with proof of service of a copy on 
        the commissioner of public safety, and accompanied by the 
        standard filing fee for civil actions.  No responsive pleading 
        shall be required of the commissioner of public safety, and no 
        court fees shall be charged for the appearance of the 
        commissioner of public safety in the matter.  
           (b) The petition must: 
           (1) be captioned in the full name of the person making the 
        petition as petitioner and the commissioner of public safety as 
        respondent; 
           (2) include the petitioner's date of birth, driver's 
        license number, and date of the offense; and 
           (3) state with specificity the grounds upon which the 
        petitioner seeks rescission of the order of revocation, 
        disqualification, or denial and state the facts underlying each 
        claim asserted. 
           (c) The filing of the petition shall not stay the 
        revocation, disqualification, or denial.  The reviewing court 
        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 court deems 
        proper. 
           (d) Judicial reviews shall be conducted according to the 
        rules of civil procedure except that prehearing discovery is 
        mandatory and is limited to: 
           (1) the notice of revocation; 
           (2) the test record, or in the case of blood or urine 
        tests, the certificate of analysis; 
           (3) the peace officer's certificate and any accompanying 
        documentation submitted by the arresting officer to the 
        commissioner of public safety; and 
           (4) disclosure of potential witnesses, including experts, 
        and the basis of their testimony. 
        Other types of discovery are not available only upon order of 
        the court. 
           Sec. 2.  [EFFECTIVE DATE.] 
           Section 1 is effective the day following final enactment. 
           Presented to the governor May 3, 1999 
           Signed by the governor May 6, 1999, 3:32 p.m.