Bill Text: MN SF416 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Driver's license revocation pilot project for the office of administrative hearings
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-02-13 - Referred to Judiciary [SF416 Detail]
Download: Minnesota-2013-SF416-Introduced.html
1.2relating to public safety; authorizing a pilot project for the Office of
1.3Administrative Hearings to review driver's license revocation or disqualification
1.4and motor vehicle plate impoundment resulting from implied consent violations.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. DRIVER'S LICENSE REVOCATION; HEARING PILOT PROJECT.
1.7The commissioner of public safety may enter into interagency agreements with
1.8federal, state, county, or municipal agencies for the purpose of funding, operating, or
1.9administering a pilot project on effective driver's license revocation practice. The term
1.10of any agreement executed under this section must not exceed June 30, 2016, and shall
1.11implement the license revocation procedures of sections 2 to 8.
1.12EFFECTIVE DATE.This section is effective the day following final enactment.
1.13 Sec. 2. LICENSE REVOCATION.
1.14Notwithstanding Minnesota Statutes, sections 169A.52, subdivision 6; 169A.53; and
1.15169A.60, subdivision 10, during the term of any pilot project authorized by sections 1
1.16to 8, a license revocation under Minnesota Statutes, section 169A.52, subdivision 6, or
1.17a disqualification under Minnesota Statutes, section 171.165, issued within a county or
1.18municipality covered by the pilot project becomes effective at the time the commissioner
1.19or a peace officer acting on behalf of the commissioner notifies the person of the intention
1.20to revoke, disqualify, or both, and of revocation or disqualification. The notice must
1.21advise the person of the right to obtain administrative review by the commissioner and a
1.22contested case review under this section. If mailed, the notice and order of revocation
2.1or disqualification is deemed received three days after mailing to the last known address
2.2of the person.
2.3EFFECTIVE DATE.This section is effective January 2, 2014.
2.4 Sec. 3. COMMISSIONER REVIEW.
2.5(a) At any time during a period of revocation imposed under Minnesota
2.6Statutes, section 169A.52, revocation of license for test failure or refusal or a period
2.7of disqualification imposed under Minnesota Statutes, section 171.165, (commercial
2.8driver's license disqualification), a person may request in writing a review of the order
2.9of revocation or disqualification by the commissioner, unless the person is entitled to
2.10review under Minnesota Statutes, section 171.166, (review of disqualification). Upon
2.11receiving a request, the commissioner or the commissioner's designee shall review the
2.12order, the evidence upon which the order was based, and any other material information
2.13brought to the attention of the commissioner, and determine whether sufficient cause
2.14exists to sustain the order.
2.15Within 15 days of receiving the request, the commissioner shall report in writing the
2.16results of the review. The review provided in this section is not subject to the contested
2.17case provisions of the Administrative Procedure Act in Minnesota Statutes, sections
2.1814.001 to 14.69.
2.19(b) The availability of administrative review by the commissioner for an order of
2.20revocation or disqualification has no effect upon the availability of a contest case hearing
2.21under this section.
2.22(c) Review under this section must take place, if possible, at the same time as any
2.23administrative review of the person's impoundment order under Minnesota Statutes,
2.24section 169A.60, subdivision 9.
2.25 Sec. 4. LICENSE REVOCATION OR DISQUALIFICATION; PETITION FOR
2.26A CONTESTED CASE HEARING.
2.27(a) Notwithstanding Minnesota Statutes, section 14.57, and other law to the contrary,
2.28within 30 days following receipt of a notice and order of revocation or disqualification
2.29pursuant to Minnesota Statutes, section 169A.52, (revocation of license for test failure
2.30or refusal), a person may petition the Office of Administrative Hearings for review. The
2.31petition must be filed with the Office of Administrative Hearings, together with proof of
2.32service of a copy on the commissioner, and accompanied by the standard filing fee for
2.33civil actions provided under Minnesota Statutes, section 357.021. Responsive pleading
3.1is not required of the commissioner, and fees must not be charged for the appearance of
3.2the commissioner in the matter.
3.3(b) The petition must:
3.4(1) be captioned in the full name of the person making the petition as petitioner and
3.5the commissioner as respondent;
3.6(2) include the petitioner's date of birth, driver's license number, and date of the
3.7offense; and
3.8(3) state with specificity the grounds upon which the petitioner seeks recission of the
3.9order of revocation, disqualification, or denial.
3.10(c) The filing of the petition does not stay the revocation, disqualification, or denial.
3.11The reviewing court hearing officer may order a stay of the balance of the revocation or
3.12disqualification if the hearing has not been conducted within 60 days after filing of the
3.13petition upon terms the hearing officer deems proper.
3.14(d) Reviews must be conducted according to Minnesota Statutes, sections 14.57 to
3.1514.69, and Minnesota Rules, parts 1400.5010 to 1400.8401, unless otherwise provided
3.16in this section.
3.17(e) Prehearing discovery is mandatory and is limited to:
3.18(1) the notice of revocation;
3.19(2) the test record or, in the case of blood or urine tests, the certificate of analysis;
3.20(3) the peace officer's certificate and any accompanying documentation submitted by
3.21the arresting officer to the commissioner; and
3.22(4) disclosure of potential witnesses, including experts, and the basis of their
3.23testimony.
3.24Other types of discovery are available only upon order of the hearing officer.
3.25 Sec. 5. LICENSE REVOCATION OR DISQUALIFICATION; CONTESTED
3.26CASE REVIEW HEARING; ISSUES, ORDER, APPEAL.
3.27(a) The commissioner shall appear and be represented by the attorney general or
3.28through the prosecuting authority for the jurisdiction involved. The hearing must be held at
3.29the earliest practicable date, and in any event no later than 60 days following the filing of the
3.30petition for review. To accomplish this, the administrator of the Office of Administrative
3.31Hearings may, whenever possible, consolidate and transfer review hearings and receive
3.32testimony and argument by means of interactive television. The hearing must be recorded.
3.33(b) The scope of the hearing is limited to the issues in clauses (1) to (10):
4.1(1) Did the peace officer have probable cause to believe the person was driving,
4.2operating, or in physical control of a motor vehicle or commercial motor vehicle in
4.3violation of Minnesota Statutes, section 169A.20, (driving while impaired)?
4.4(2) Was the person lawfully placed under arrest for violation of Minnesota Statutes,
4.5section 169A.20?
4.6(3) Was the person involved in a motor vehicle accident or collision resulting in
4.7property damage, personal injury, or death?
4.8(4) Did the person refuse to take a screening test provided for by Minnesota Statutes,
4.9section 169A.41, (preliminary screening test)?
4.10(5) If the screening test was administered, did the test indicate an alcohol
4.11concentration of 0.08 or more?
4.12(6) At the time of the request for the test, did the peace officer inform the person
4.13of the person's rights and the consequences of taking or refusing the test as required by
4.14Minnesota Statutes, section 169A.51, subdivision 2?
4.15(7) Did the person refuse to permit the test?
4.16(8) If a test was taken by a person driving, operating, or in physical control of a
4.17motor vehicle, did the test results indicate at the time of testing:
4.18(i) an alcohol concentration of 0.08 or more; or
4.19(ii) the presence of a controlled substance listed in schedule I or II or its metabolite,
4.20other than marijuana or tetrahydrocannabinols?
4.21(9) If a test was taken by a person driving, operating, or in physical control of a
4.22commercial motor vehicle, did the test results indicate an alcohol concentration of 0.04 or
4.23more at the time of testing?
4.24(10) Was the testing method used valid and reliable and were the test results
4.25accurately evaluated?
4.26(c) It is an affirmative defense for the petitioner to prove that, at the time of the
4.27refusal, the petitioner's refusal to permit the test was based upon reasonable grounds.
4.28(d) Certified or otherwise authenticated copies of laboratory or medical personnel
4.29reports, records, documents, licenses, and certificates are admissible as substantive
4.30evidence.
4.31(e) The hearing officer shall order that the revocation or disqualification be either
4.32rescinded or sustained and forward the order to the commissioner. The hearing officer shall
4.33file the order within 14 days following the hearing. If the revocation or disqualification is
4.34sustained, the hearing officer shall also forward the person's driver's license or permit to
4.35the commissioner for further action by the commissioner if the license or permit is not
4.36already in the commissioner's possession.
5.1(f) Any party aggrieved by the decision of the reviewing hearing officer may appeal
5.2the decision as provided in Minnesota Statutes, chapter 14.
5.3(g) The contested case hearing under this section shall not give rise to an estoppel on
5.4any issues arising from the same set of circumstances in any criminal prosecution.
5.5EFFECTIVE DATE.This section is effective January 2, 2014.
5.6 Sec. 6. ORDER OF IMPOUNDMENT; PETITION FOR CONTESTED CASE
5.7REVIEW HEARING; APPEAL.
5.8(a) Notwithstanding Minnesota Statutes, section 14.57, and other law to the contrary,
5.9within 30 days following receipt of a notice and order of impoundment under this section,
5.10a person may petition the Office of Administrative Hearings for review. The petition
5.11must include proof of service of a copy of the petition on the commissioner. The petition
5.12must include the petitioner's date of birth, driver's license number, and date of the plate
5.13impoundment violation, as well as the name of the violator and the law enforcement
5.14agency that issued the plate impoundment order. The petition must state with specificity
5.15the grounds upon which the petitioner seeks rescission of the order for impoundment.
5.16The petition may be combined with any petition filed under Minnesota Statutes, section
5.17169A.53.
5.18(b) Except as otherwise provided in this section, the contested case hearing must
5.19take place at the same time as any review hearing of the person's license revocation.
5.20The filing of the petition does not stay the impoundment order. The reviewing hearing
5.21officer may order a stay of the balance of the impoundment period if the hearing has not
5.22been conducted within 60 days after filing of the petition upon terms the hearing officer
5.23deems proper. The hearing officer shall order either that the impoundment be rescinded or
5.24sustained, and forward the order to the commissioner. The hearing officer shall file its
5.25order within 14 days following the hearing.
5.26(c) In addition to the issues described in Minnesota Statutes, section 169A.53,
5.27subdivision 3, (judicial administrative review of license revocation), the scope of a hearing
5.28under this section is limited to:
5.29(1) if the impoundment is based on a plate impoundment violation described in
5.30Minnesota Statutes, section 169A.60, subdivision 1, paragraph (d), clause (3) or (4),
5.31whether the peace officer had probable cause to believe the violator committed the
5.32plate impoundment violation and whether the evidence demonstrates that the plate
5.33impoundment violation occurred; and
5.34(2) for all other cases, whether the peace officer had probable cause to believe the
5.35violator committed the plate impoundment violation.
6.1(d) In a hearing under this section, the following records are admissible in evidence:
6.2(1) certified copies of the violator's driving record; and
6.3(2) certified copies of vehicle registration records bearing the violator's name.
6.4(e) Any party aggrieved by the decision of the hearing officer may appeal the
6.5decision as provided in Minnesota Statutes, chapter 14.
6.6EFFECTIVE DATE.This section is effective January 2, 2014.
6.7 Sec. 7. OFFICE OF ADMINISTRATIVE HEARINGS; FEE.
6.8The Office of Administrative Hearings shall charge and collect the filing fee from a
6.9person filing a petition for an administrative review of a driver's license revocation under
6.10Minnesota Statutes, section 169A.53, vehicle impoundment under Minnesota Statutes,
6.11section 169A.60, or combined review.
6.12Notwithstanding Minnesota Statutes, section 14.54, the Office of Administrative
6.13Hearings shall transmit the fees monthly to the commissioner of management and budget
6.14for deposit in the state treasury and credit to the general fund.
6.15EFFECTIVE DATE.This section is effective August 1, 2013.
1.3Administrative Hearings to review driver's license revocation or disqualification
1.4and motor vehicle plate impoundment resulting from implied consent violations.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. DRIVER'S LICENSE REVOCATION; HEARING PILOT PROJECT.
1.7The commissioner of public safety may enter into interagency agreements with
1.8federal, state, county, or municipal agencies for the purpose of funding, operating, or
1.9administering a pilot project on effective driver's license revocation practice. The term
1.10of any agreement executed under this section must not exceed June 30, 2016, and shall
1.11implement the license revocation procedures of sections 2 to 8.
1.12EFFECTIVE DATE.This section is effective the day following final enactment.
1.13 Sec. 2. LICENSE REVOCATION.
1.14Notwithstanding Minnesota Statutes, sections 169A.52, subdivision 6; 169A.53; and
1.15169A.60, subdivision 10, during the term of any pilot project authorized by sections 1
1.16to 8, a license revocation under Minnesota Statutes, section 169A.52, subdivision 6, or
1.17a disqualification under Minnesota Statutes, section 171.165, issued within a county or
1.18municipality covered by the pilot project becomes effective at the time the commissioner
1.19or a peace officer acting on behalf of the commissioner notifies the person of the intention
1.20to revoke, disqualify, or both, and of revocation or disqualification. The notice must
1.21advise the person of the right to obtain administrative review by the commissioner and a
1.22contested case review under this section. If mailed, the notice and order of revocation
2.1or disqualification is deemed received three days after mailing to the last known address
2.2of the person.
2.3EFFECTIVE DATE.This section is effective January 2, 2014.
2.4 Sec. 3. COMMISSIONER REVIEW.
2.5(a) At any time during a period of revocation imposed under Minnesota
2.6Statutes, section 169A.52, revocation of license for test failure or refusal or a period
2.7of disqualification imposed under Minnesota Statutes, section 171.165, (commercial
2.8driver's license disqualification), a person may request in writing a review of the order
2.9of revocation or disqualification by the commissioner, unless the person is entitled to
2.10review under Minnesota Statutes, section 171.166, (review of disqualification). Upon
2.11receiving a request, the commissioner or the commissioner's designee shall review the
2.12order, the evidence upon which the order was based, and any other material information
2.13brought to the attention of the commissioner, and determine whether sufficient cause
2.14exists to sustain the order.
2.15Within 15 days of receiving the request, the commissioner shall report in writing the
2.16results of the review. The review provided in this section is not subject to the contested
2.17case provisions of the Administrative Procedure Act in Minnesota Statutes, sections
2.1814.001 to 14.69.
2.19(b) The availability of administrative review by the commissioner for an order of
2.20revocation or disqualification has no effect upon the availability of a contest case hearing
2.21under this section.
2.22(c) Review under this section must take place, if possible, at the same time as any
2.23administrative review of the person's impoundment order under Minnesota Statutes,
2.24section 169A.60, subdivision 9.
2.25 Sec. 4. LICENSE REVOCATION OR DISQUALIFICATION; PETITION FOR
2.26A CONTESTED CASE HEARING.
2.27(a) Notwithstanding Minnesota Statutes, section 14.57, and other law to the contrary,
2.28within 30 days following receipt of a notice and order of revocation or disqualification
2.29pursuant to Minnesota Statutes, section 169A.52, (revocation of license for test failure
2.30or refusal), a person may petition the Office of Administrative Hearings for review. The
2.31petition must be filed with the Office of Administrative Hearings, together with proof of
2.32service of a copy on the commissioner, and accompanied by the standard filing fee for
2.33civil actions provided under Minnesota Statutes, section 357.021. Responsive pleading
3.1is not required of the commissioner, and fees must not be charged for the appearance of
3.2the commissioner in the matter.
3.3(b) The petition must:
3.4(1) be captioned in the full name of the person making the petition as petitioner and
3.5the commissioner as respondent;
3.6(2) include the petitioner's date of birth, driver's license number, and date of the
3.7offense; and
3.8(3) state with specificity the grounds upon which the petitioner seeks recission of the
3.9order of revocation, disqualification, or denial.
3.10(c) The filing of the petition does not stay the revocation, disqualification, or denial.
3.11The reviewing court hearing officer may order a stay of the balance of the revocation or
3.12disqualification if the hearing has not been conducted within 60 days after filing of the
3.13petition upon terms the hearing officer deems proper.
3.14(d) Reviews must be conducted according to Minnesota Statutes, sections 14.57 to
3.1514.69, and Minnesota Rules, parts 1400.5010 to 1400.8401, unless otherwise provided
3.16in this section.
3.17(e) Prehearing discovery is mandatory and is limited to:
3.18(1) the notice of revocation;
3.19(2) the test record or, in the case of blood or urine tests, the certificate of analysis;
3.20(3) the peace officer's certificate and any accompanying documentation submitted by
3.21the arresting officer to the commissioner; and
3.22(4) disclosure of potential witnesses, including experts, and the basis of their
3.23testimony.
3.24Other types of discovery are available only upon order of the hearing officer.
3.25 Sec. 5. LICENSE REVOCATION OR DISQUALIFICATION; CONTESTED
3.26CASE REVIEW HEARING; ISSUES, ORDER, APPEAL.
3.27(a) The commissioner shall appear and be represented by the attorney general or
3.28through the prosecuting authority for the jurisdiction involved. The hearing must be held at
3.29the earliest practicable date, and in any event no later than 60 days following the filing of the
3.30petition for review. To accomplish this, the administrator of the Office of Administrative
3.31Hearings may, whenever possible, consolidate and transfer review hearings and receive
3.32testimony and argument by means of interactive television. The hearing must be recorded.
3.33(b) The scope of the hearing is limited to the issues in clauses (1) to (10):
4.1(1) Did the peace officer have probable cause to believe the person was driving,
4.2operating, or in physical control of a motor vehicle or commercial motor vehicle in
4.3violation of Minnesota Statutes, section 169A.20, (driving while impaired)?
4.4(2) Was the person lawfully placed under arrest for violation of Minnesota Statutes,
4.5section 169A.20?
4.6(3) Was the person involved in a motor vehicle accident or collision resulting in
4.7property damage, personal injury, or death?
4.8(4) Did the person refuse to take a screening test provided for by Minnesota Statutes,
4.9section 169A.41, (preliminary screening test)?
4.10(5) If the screening test was administered, did the test indicate an alcohol
4.11concentration of 0.08 or more?
4.12(6) At the time of the request for the test, did the peace officer inform the person
4.13of the person's rights and the consequences of taking or refusing the test as required by
4.14Minnesota Statutes, section 169A.51, subdivision 2?
4.15(7) Did the person refuse to permit the test?
4.16(8) If a test was taken by a person driving, operating, or in physical control of a
4.17motor vehicle, did the test results indicate at the time of testing:
4.18(i) an alcohol concentration of 0.08 or more; or
4.19(ii) the presence of a controlled substance listed in schedule I or II or its metabolite,
4.20other than marijuana or tetrahydrocannabinols?
4.21(9) If a test was taken by a person driving, operating, or in physical control of a
4.22commercial motor vehicle, did the test results indicate an alcohol concentration of 0.04 or
4.23more at the time of testing?
4.24(10) Was the testing method used valid and reliable and were the test results
4.25accurately evaluated?
4.26(c) It is an affirmative defense for the petitioner to prove that, at the time of the
4.27refusal, the petitioner's refusal to permit the test was based upon reasonable grounds.
4.28(d) Certified or otherwise authenticated copies of laboratory or medical personnel
4.29reports, records, documents, licenses, and certificates are admissible as substantive
4.30evidence.
4.31(e) The hearing officer shall order that the revocation or disqualification be either
4.32rescinded or sustained and forward the order to the commissioner. The hearing officer shall
4.33file the order within 14 days following the hearing. If the revocation or disqualification is
4.34sustained, the hearing officer shall also forward the person's driver's license or permit to
4.35the commissioner for further action by the commissioner if the license or permit is not
4.36already in the commissioner's possession.
5.1(f) Any party aggrieved by the decision of the reviewing hearing officer may appeal
5.2the decision as provided in Minnesota Statutes, chapter 14.
5.3(g) The contested case hearing under this section shall not give rise to an estoppel on
5.4any issues arising from the same set of circumstances in any criminal prosecution.
5.5EFFECTIVE DATE.This section is effective January 2, 2014.
5.6 Sec. 6. ORDER OF IMPOUNDMENT; PETITION FOR CONTESTED CASE
5.7REVIEW HEARING; APPEAL.
5.8(a) Notwithstanding Minnesota Statutes, section 14.57, and other law to the contrary,
5.9within 30 days following receipt of a notice and order of impoundment under this section,
5.10a person may petition the Office of Administrative Hearings for review. The petition
5.11must include proof of service of a copy of the petition on the commissioner. The petition
5.12must include the petitioner's date of birth, driver's license number, and date of the plate
5.13impoundment violation, as well as the name of the violator and the law enforcement
5.14agency that issued the plate impoundment order. The petition must state with specificity
5.15the grounds upon which the petitioner seeks rescission of the order for impoundment.
5.16The petition may be combined with any petition filed under Minnesota Statutes, section
5.17169A.53.
5.18(b) Except as otherwise provided in this section, the contested case hearing must
5.19take place at the same time as any review hearing of the person's license revocation.
5.20The filing of the petition does not stay the impoundment order. The reviewing hearing
5.21officer may order a stay of the balance of the impoundment period if the hearing has not
5.22been conducted within 60 days after filing of the petition upon terms the hearing officer
5.23deems proper. The hearing officer shall order either that the impoundment be rescinded or
5.24sustained, and forward the order to the commissioner. The hearing officer shall file its
5.25order within 14 days following the hearing.
5.26(c) In addition to the issues described in Minnesota Statutes, section 169A.53,
5.27subdivision 3, (judicial administrative review of license revocation), the scope of a hearing
5.28under this section is limited to:
5.29(1) if the impoundment is based on a plate impoundment violation described in
5.30Minnesota Statutes, section 169A.60, subdivision 1, paragraph (d), clause (3) or (4),
5.31whether the peace officer had probable cause to believe the violator committed the
5.32plate impoundment violation and whether the evidence demonstrates that the plate
5.33impoundment violation occurred; and
5.34(2) for all other cases, whether the peace officer had probable cause to believe the
5.35violator committed the plate impoundment violation.
6.1(d) In a hearing under this section, the following records are admissible in evidence:
6.2(1) certified copies of the violator's driving record; and
6.3(2) certified copies of vehicle registration records bearing the violator's name.
6.4(e) Any party aggrieved by the decision of the hearing officer may appeal the
6.5decision as provided in Minnesota Statutes, chapter 14.
6.6EFFECTIVE DATE.This section is effective January 2, 2014.
6.7 Sec. 7. OFFICE OF ADMINISTRATIVE HEARINGS; FEE.
6.8The Office of Administrative Hearings shall charge and collect the filing fee from a
6.9person filing a petition for an administrative review of a driver's license revocation under
6.10Minnesota Statutes, section 169A.53, vehicle impoundment under Minnesota Statutes,
6.11section 169A.60, or combined review.
6.12Notwithstanding Minnesota Statutes, section 14.54, the Office of Administrative
6.13Hearings shall transmit the fees monthly to the commissioner of management and budget
6.14for deposit in the state treasury and credit to the general fund.
6.15EFFECTIVE DATE.This section is effective August 1, 2013.
