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Minnesota Legislature

Office of the Revisor of Statutes

171.061 DRIVER'S LICENSE AGENT.
    Subdivision 1. Definitions. For purposes of this section:
(1) "applicant" means an individual applying for a driver's license, provisional license,
restricted license, duplicate license, instruction permit, Minnesota identification card, or motorized
bicycle operator's permit; and
(2) "application" refers to an application for a driver's license, provisional license, restricted
license, duplicate license, instruction permit, Minnesota identification card, or motorized bicycle
operator's permit.
    Subd. 2. Appointment and discontinuance. (a) The commissioner of public safety may
appoint an individual, and for cause discontinue the appointment of an agent, to serve as a
driver's license agent.
(b) A county board may appoint an individual, and for cause discontinue the appointment of
an agent, to serve as an agent, pursuant to sections 373.32 to 373.38, with the approval of the
commissioner. If a county board does not discontinue an agent's appointment, although cause for
discontinuance exists, the commissioner may discontinue the appointment. If a county board does
not appoint an individual, the commissioner may establish an office and appoint an individual to
accept applications as the public interest and convenience may require.
(c) The county board is responsible for the acts of an agent appointed by the board and
for forwarding to the department all applications accepted and fees collected by the agent as
required by the department.
    Subd. 3. Application. An applicant may file an application with an agent. The agent shall
receive and accept applications in accordance with the laws and rules of the Department of Public
Safety for a driver's license, restricted license, duplicate license, instruction permit, Minnesota
identification card, or motorized bicycle operator's permit.
    Subd. 4. Fee; equipment. (a) The agent may charge and retain a filing fee of $5 for each
application. Except as provided in paragraph (b), the fee shall cover all expenses involved in
receiving, accepting, or forwarding to the department the applications and fees required under
sections 171.02, subdivision 3; 171.06, subdivisions 2 and 2a; and 171.07, subdivisions 3 and 3a.
(b) The department shall maintain the photo identification equipment for all agents appointed
as of January 1, 2000. Upon the retirement, resignation, death, or discontinuance of an existing
agent, and if a new agent is appointed in an existing office pursuant to Minnesota Rules, chapter
7404, and notwithstanding the above or Minnesota Rules, part 7404.0400, the department shall
provide and maintain photo identification equipment without additional cost to a newly appointed
agent in that office if the office was provided the equipment by the department before January
1, 2000. All photo identification equipment must be compatible with standards established by
the department.
(c) A filing fee retained by the agent employed by a county board must be paid into the
county treasury and credited to the general revenue fund of the county. An agent who is not an
employee of the county shall retain the filing fee in lieu of county employment or salary and is
considered an independent contractor for pension purposes, coverage under the Minnesota State
Retirement System, or membership in the Public Employees Retirement Association.
(d) Before the end of the first working day following the final day of the reporting period
established by the department, the agent must forward to the department all applications and fees
collected during the reporting period except as provided in paragraph (c).
    Subd. 5. Discontinuance or transfer of appointment. (a) An agent shall notify the
department no less than 30 days before the discontinuance of service.
(b) In the event of the notice specified in paragraph (a); death or retirement of the
agent; or revocation or discontinuance of the appointment of the agent by the county board
or commissioner, the appointment terminates and all equipment provided by the department
reverts to the department.
    Subd. 6. Rules. The commissioner shall adopt rules that prescribe:
(1) criteria, procedures, and requirements for appointing an individual as an agent of the
commissioner;
(2) criteria for establishment, operation, management, location, and movement of a license
application office;
(3) standards for the uniform administration of laws and rules governing the receipt of
applications and fees for applications;
(4) number of applications to be processed;
(5) standards for submitting applications including valid forms of identification, depositing
funds, maintaining records, and holding proper bonds; and
(6) standards for discontinuing the individual's appointment and for enforcement action.
History: 1997 c 250 s 10; 1999 c 86 art 1 s 41; 1999 c 238 art 2 s 26; 2000 c 479 art 1 s
18; 1Sp2005 c 6 art 2 s 38