Sec. 5. (a) An individual whose driving privileges have been suspended under section 4 of this chapter is entitled to a prompt judicial hearing. The individual may file a petition that requests a hearing in a circuit, superior, county, or municipal court in the county where:
(1) the individual resides; or
(2) the school attended by the individual is located.
(b) The petition for review must:
(1) be in writing; and
(2) be verified by the individual seeking review and:
(A) allege specific facts that indicate the suspension or expulsion was improper; or
(B) allege that, due to the individual's emancipation or dependents, an undue hardship exists that requires the granting of a restricted driving permit.
(c) The hearing conducted by the court under this section shall be limited to the following issues:
(1) Whether the school followed proper procedures when suspending or expelling the individual from school, including affording the individual due process under IC 20-33-8.
(2) Whether the bureau followed proper procedures in suspending the individual's driving privileges.
(d) If the court finds:
(1) that the school failed to follow proper procedures when suspending or expelling the individual from school; or
(2) that the bureau failed to follow proper procedures in suspending the individual's driving privileges;
the court may order the bureau to reinstate the individual's driving privileges.
(e) The prosecuting attorney of the county in which a petition has been filed under this section shall represent the state on behalf of the bureau with respect to the petition. A school that is made a party to an action filed under this section is responsible for the school's own representation.
(f) In an action under this section, the petitioner has the burden of proof by a preponderance of the evidence.
(g) The court's order is a final judgment appealable in the manner of civil actions by either party. The attorney general shall represent the state on behalf of the bureau with respect to the appeal.
[Pre-1991 Recodification Citation: 9-1-4-33.5.]
As added by P.L.2-1991, SEC.12. Amended by P.L.131-1995, SEC.3; P.L.1-2005, SEC.108; P.L.125-2012, SEC.172; P.L.217-2014, SEC.79; P.L.198-2016, SEC.427.
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