[§291E-40]  Judicial review; procedure. (a)  If the director sustains the administrative revocation after anadministrative hearing, the respondent, or parent or guardian of a respondentunder the age of eighteen, may file a petition for judicial review withinthirty days after the administrative hearing decision is mailed.  The petitionshall be filed with the clerk of the district court in the district in whichthe incident occurred and shall be accompanied by the required filing fee forcivil actions.  The filing of the petition shall not operate as a stay of theadministrative revocation, nor shall the court stay the administrativerevocation pending the outcome of the judicial review.  The petition shall beappropriately captioned.  The petition shall state with specificity the groundsupon which the petitioner seeks reversal of the administrative revocation.

(b)  The court shall schedule the judicialreview as quickly as practicable, and the review shall be on the record of theadministrative hearing without taking of additional testimony or evidence.  Ifthe petitioner fails to appear without just cause or, in the case of apetitioner under the age of eighteen, the petitioner fails to appear with aparent or guardian, the court shall affirm the administrative revocation.

(c)  The sole issues before the court shall bewhether the director:

(1)  Exceeded constitutional or statutory authority;

(2)  Erroneously interpreted the law;

(3)  Acted in an arbitrary or capricious manner;

(4)  Committed an abuse of discretion; or

(5)  Made a determination that was unsupported by theevidence in the record.

(d)  The court shall not remand the matter backto the director for further proceedings consistent with its order. [L 2000, c189, pt of §23]

 

Case Notes

 

  As reference to the "court" in subsection (a) is tothe district court, the supreme court is not precluded from  remanding a caseback to the administrative driver's license revocation office.  110 H. 407, 133P.3d 1199.