Subpart
1.
Preliminary hearing required.
A person must attend a preliminary hearing when the
commissioner has sufficient cause to believe the person:
A. has committed a violation under Minnesota
Statutes, section
171.22,
for an unlawful or fraudulent act regarding a driver's license or Minnesota
identification card;
B. has
committed a second violation under Minnesota Statutes, section
171.09,
except for total abstinence restrictions, for a violation of a restriction
imposed on the person's driver's license; or
C. was not previously sent a warning letter
under part
7409.2200, subpart
1, and is convicted of:
(1) two misdemeanor traffic offenses within a
12-month period;
(2) four traffic
offenses within a 12-month period; or
(3) five traffic offenses within a 24-month
period.
Subp.
2.
Scope of review.
The commissioner shall review the evidence upon which the
preliminary hearing was based, and any other material information brought to
the attention of the commissioner.
The commissioner may seek additional information from the
person undergoing the preliminary hearing or from an agency or person believed
to have information relating to the facts underlying the preliminary hearing.
The person required to undergo a preliminary hearing may present additional
information to the commissioner at the hearing.
Subp. 3.
Suspension period.
If, after reviewing the evidence presented at the preliminary
hearing, the commissioner has sufficient cause to believe that the person has
committed an offense listed in:
A.
subpart
1, item A or B, the
commissioner shall suspend the driver's license or driving privilege for 30
days; or
B. subpart
1, item C, the commissioner
shall suspend the driver's license of the person for 30 days or in accordance
with the number of traffic convictions accumulated, as set forth in part
7409.2200, subpart
1, unless the person agrees
to enter into a driver improvement agreement, as set forth in part
7409.4700, subpart
2.
Subp. 4.
Failure to attend preliminary
hearing.
The commissioner shall:
A. cancel the driver's license or driving
privilege of a person who fails to attend a preliminary hearing under subpart
1, item A or B, which remains
in effect until the preliminary hearing has been held; or
B. suspend the driver's license of a person
who fails to attend a preliminary hearing under subpart
1, item C, for 30 days or in
accordance with the number of traffic convictions accumulated, as set forth in
part
7409.2200, subpart
1.
Subp. 5.
Notice of preliminary
hearing.
The commissioner shall send a notice to the person who is
required to attend a preliminary hearing by first class mail to the person's
last known address or to the address listed on the person's driver's license
informing the person:
A. the reason
for the preliminary hearing;
B. of
the time, date, and place of the hearing and, if necessary, instructions to
reschedule the hearing; and
C. that
failure to attend the hearing will result in suspension of the person's
driver's license.
