Return of license, when--limited driving privilege, when granted,application, when denied--judicial review of denial by directorof revenue--rulemaking.
302.309. 1. Whenever any license is suspended pursuant to sections302.302 to 302.309, the director of revenue shall return the license to theoperator immediately upon the termination of the period of suspension andupon compliance with the requirements of chapter 303, RSMo.
2. Any operator whose license is revoked pursuant to these sections,upon the termination of the period of revocation, shall apply for a newlicense in the manner prescribed by law.
3. (1) All circuit courts or the director of revenue shall havejurisdiction to hear applications and make eligibility determinationsgranting limited driving privileges. Any application may be made inwriting to the director of revenue and the person's reasons for requestingthe limited driving privilege shall be made therein.
(2) When any court of record having jurisdiction or the director ofrevenue finds that an operator is required to operate a motor vehicle inconnection with any of the following:
(a) A business, occupation, or employment;
(b) Seeking medical treatment for such operator;
(c) Attending school or other institution of higher education;
(d) Attending alcohol or drug treatment programs;
(e) Seeking the required services of a certified ignition interlockdevice provider; or
(f) Any other circumstance the court or director finds would createan undue hardship on the operator;
the court or director may grant such limited driving privilege as thecircumstances of the case justify if the court or director finds unduehardship would result to the individual, and while so operating a motorvehicle within the restrictions and limitations of the limited drivingprivilege the driver shall not be guilty of operating a motor vehiclewithout a valid license.
(3) An operator may make application to the proper court in thecounty in which such operator resides or in the county in which is locatedthe operator's principal place of business or employment. Any applicationfor a limited driving privilege made to a circuit court shall name thedirector as a party defendant and shall be served upon the director priorto the grant of any limited privilege, and shall be accompanied by a copyof the applicant's driving record as certified by the director. Anyapplicant for a limited driving privilege shall have on file with thedepartment of revenue proof of financial responsibility as required bychapter 303, RSMo. Any application by a person who transports persons orproperty as classified in section 302.015 may be accompanied by proof offinancial responsibility as required by chapter 303, RSMo, but if proof offinancial responsibility does not accompany the application, or if theapplicant does not have on file with the department of revenue proof offinancial responsibility, the court or the director has discretion to grantthe limited driving privilege to the person solely for the purpose ofoperating a vehicle whose owner has complied with chapter 303, RSMo, forthat vehicle, and the limited driving privilege must state suchrestriction. When operating such vehicle under such restriction the personshall carry proof that the owner has complied with chapter 303, RSMo, forthat vehicle.
(4) No limited driving privilege shall be issued to any personotherwise eligible under the provisions of paragraph (a) of subdivision (6)of this subsection on a license revocation resulting from a convictionunder subdivision (9) of subsection 1 of section 302.302, or a licensedenial under paragraph (a) or (b) of subdivision (8) of this subsection,until the applicant has filed proof with the department of revenue that anymotor vehicle operated by the person is equipped with a functioning,certified ignition interlock device as a required condition of limiteddriving privilege.
(5) The court order or the director's grant of the limited orrestricted driving privilege shall indicate the termination date of theprivilege, which shall be not later than the end of the period ofsuspension or revocation. A copy of any court order shall be sent by theclerk of the court to the director, and a copy shall be given to the driverwhich shall be carried by the driver whenever such driver operates a motorvehicle. The director of revenue upon granting a limited driving privilegeshall give a copy of the limited driving privilege to the applicant. Theapplicant shall carry a copy of the limited driving privilege whileoperating a motor vehicle. A conviction which results in the assessment ofpoints pursuant to section 302.302, other than a violation of a municipalstop sign ordinance where no accident is involved, against a driver who isoperating a vehicle pursuant to a limited driving privilege terminates theprivilege, as of the date the points are assessed to the person's drivingrecord. If the date of arrest is prior to the issuance of the limiteddriving privilege, the privilege shall not be terminated. Failure of thedriver to maintain proof of financial responsibility, as required bychapter 303, or to maintain proof of installation of a functioning,certified ignition interlock device, as applicable, shall terminate theprivilege. The director shall notify by ordinary mail the driver whoseprivilege is so terminated.
(6) Except as provided in subdivision (8) of this subsection, noperson is eligible to receive a limited driving privilege who at the timeof application for a limited driving privilege has previously been grantedsuch a privilege within the immediately preceding five years, or whoselicense has been suspended or revoked for the following reasons:
(a) A conviction of violating the provisions of section 577.010 or577.012, RSMo, or any similar provision of any federal or state law, or amunicipal or county law where the judge in such case was an attorney andthe defendant was represented by or waived the right to an attorney inwriting, until the person has completed the first thirty days of asuspension or revocation imposed pursuant to this chapter;
(b) A conviction of any felony in the commission of which a motorvehicle was used;
(c) Ineligibility for a license because of the provisions ofsubdivision (1), (2), (4), (5), (6), (7), (8), (9), (10) or (11) of section302.060;
(d) Because of operating a motor vehicle under the influence ofnarcotic drugs, a controlled substance as defined in chapter 195, RSMo, orhaving left the scene of an accident as provided in section 577.060, RSMo;
(e) Due to a revocation for the first time for failure to submit to achemical test pursuant to section 577.041, RSMo, or due to a refusal tosubmit to a chemical test in any other state, if such person has notcompleted the first ninety days of such revocation;
(f) Violation more than once of the provisions of section 577.041,RSMo, or a similar implied consent law of any other state; or
(g) Due to a suspension pursuant to subsection 2 of section 302.525and who has not completed the first thirty days of such suspension,provided the person is not otherwise ineligible for a limited drivingprivilege; or due to a revocation pursuant to subsection 2 of section302.525 if such person has not completed such revocation.
(7) No person who possesses a commercial driver's license shallreceive a limited driving privilege issued for the purpose of operating acommercial motor vehicle if such person's driving privilege is suspended,revoked, canceled, denied, or disqualified. Nothing in this section shallprohibit the issuance of a limited driving privilege for the purpose ofoperating a noncommercial motor vehicle provided that pursuant to theprovisions of this section, the applicant is not otherwise ineligible for alimited driving privilege.
(8) (a) Provided that pursuant to the provisions of this section,the applicant is not otherwise ineligible for a limited driving privilege,a circuit court or the director may, in the manner prescribed in thissubsection, allow a person who has had such person's license to operate amotor vehicle revoked where that person cannot obtain a new license for aperiod of ten years, as prescribed in subdivision (9) of section 302.060,to apply for a limited driving privilege pursuant to this subsection ifsuch person has served at least three years of such disqualification orrevocation. Such person shall present evidence satisfactory to the courtor the director that such person has not been convicted of any offenserelated to alcohol, controlled substances or drugs during the precedingthree years and that the person's habits and conduct show that the personno longer poses a threat to the public safety of this state.
(b) Provided that pursuant to the provisions of this section, theapplicant is not otherwise ineligible for a limited driving privilege orconvicted of involuntary manslaughter while operating a motor vehicle in anintoxicated condition, a circuit court or the director may, in the mannerprescribed in this subsection, allow a person who has had such person'slicense to operate a motor vehicle revoked where that person cannot obtaina new license for a period of five years because of two convictions ofdriving while intoxicated, as prescribed in subdivision (10) of section302.060, to apply for a limited driving privilege pursuant to thissubsection if such person has served at least two years of suchdisqualification or revocation. Such person shall present evidencesatisfactory to the court or the director that such person has not beenconvicted of any offense related to alcohol, controlled substances or drugsduring the preceding two years and that the person's habits and conductshow that the person no longer poses a threat to the public safety of thisstate. Any person who is denied a license permanently in this statebecause of an alcohol-related conviction subsequent to a restoration ofsuch person's driving privileges pursuant to subdivision (9) of section302.060 shall not be eligible for limited driving privilege pursuant to theprovisions of this subdivision.
4. Any person who has received notice of denial of a request oflimited driving privilege by the director of revenue may make a request fora review of the director's determination in the circuit court of the countyin which the person resides or the county in which is located the person'sprincipal place of business or employment within thirty days of the date ofmailing of the notice of denial. Such review shall be based upon therecords of the department of revenue and other competent evidence and shallbe limited to a review of whether the applicant was statutorily entitled tothe limited driving privilege.
5. The director of revenue shall promulgate rules and regulationsnecessary to carry out the provisions of this section. Any rule or portionof a rule, as that term is defined in section 536.010, RSMo, that iscreated under the authority delegated in this section shall becomeeffective only if it complies with and is subject to all of the provisionsof chapter 536, RSMo, and, if applicable, section 536.028, RSMo. Thissection and chapter 536, RSMo, are nonseverable and if any of the powersvested with the general assembly pursuant to chapter 536, RSMo, to review,to delay the effective date or to disapprove and annul a rule aresubsequently held unconstitutional, then the grant of rulemaking authorityand any rule proposed or adopted after August 28, 2001, shall be invalidand void.
Return of license, when--limited driving privilege, when granted,application, when denied--judicial review of denial by directorof revenue--rulemaking.
302.309. 1. Whenever any license is suspended pursuant to sections302.302 to 302.309, the director of revenue shall return the license to theoperator immediately upon the termination of the period of suspension andupon compliance with the requirements of chapter 303, RSMo.
2. Any operator whose license is revoked pursuant to these sections,upon the termination of the period of revocation, shall apply for a newlicense in the manner prescribed by law.
3. (1) All circuit courts or the director of revenue shall havejurisdiction to hear applications and make eligibility determinationsgranting limited driving privileges. Any application may be made inwriting to the director of revenue and the person's reasons for requestingthe limited driving privilege shall be made therein.
(2) When any court of record having jurisdiction or the director ofrevenue finds that an operator is required to operate a motor vehicle inconnection with any of the following:
(a) A business, occupation, or employment;
(b) Seeking medical treatment for such operator;
(c) Attending school or other institution of higher education;
(d) Attending alcohol or drug treatment programs;
(e) Seeking the required services of a certified ignition interlockdevice provider; or
(f) Any other circumstance the court or director finds would createan undue hardship on the operator;
the court or director may grant such limited driving privilege as thecircumstances of the case justify if the court or director finds unduehardship would result to the individual, and while so operating a motorvehicle within the restrictions and limitations of the limited drivingprivilege the driver shall not be guilty of operating a motor vehiclewithout a valid license.
(3) An operator may make application to the proper court in thecounty in which such operator resides or in the county in which is locatedthe operator's principal place of business or employment. Any applicationfor a limited driving privilege made to a circuit court shall name thedirector as a party defendant and shall be served upon the director priorto the grant of any limited privilege, and shall be accompanied by a copyof the applicant's driving record as certified by the director. Anyapplicant for a limited driving privilege shall have on file with thedepartment of revenue proof of financial responsibility as required bychapter 303, RSMo. Any application by a person who transports persons orproperty as classified in section 302.015 may be accompanied by proof offinancial responsibility as required by chapter 303, RSMo, but if proof offinancial responsibility does not accompany the application, or if theapplicant does not have on file with the department of revenue proof offinancial responsibility, the court or the director has discretion to grantthe limited driving privilege to the person solely for the purpose ofoperating a vehicle whose owner has complied with chapter 303, RSMo, forthat vehicle, and the limited driving privilege must state suchrestriction. When operating such vehicle under such restriction the personshall carry proof that the owner has complied with chapter 303, RSMo, forthat vehicle.
(4) No limited driving privilege shall be issued to any personotherwise eligible under the provisions of paragraph (a) of subdivision (6)of this subsection on a license revocation resulting from a convictionunder subdivision (9) of subsection 1 of section 302.302, or a licensedenial under paragraph (a) or (b) of subdivision (8) of this subsection,until the applicant has filed proof with the department of revenue that anymotor vehicle operated by the person is equipped with a functioning,certified ignition interlock device as a required condition of limiteddriving privilege.
(5) The court order or the director's grant of the limited orrestricted driving privilege shall indicate the termination date of theprivilege, which shall be not later than the end of the period ofsuspension or revocation. A copy of any court order shall be sent by theclerk of the court to the director, and a copy shall be given to the driverwhich shall be carried by the driver whenever such driver operates a motorvehicle. The director of revenue upon granting a limited driving privilegeshall give a copy of the limited driving privilege to the applicant. Theapplicant shall carry a copy of the limited driving privilege whileoperating a motor vehicle. A conviction which results in the assessment ofpoints pursuant to section 302.302, other than a violation of a municipalstop sign ordinance where no accident is involved, against a driver who isoperating a vehicle pursuant to a limited driving privilege terminates theprivilege, as of the date the points are assessed to the person's drivingrecord. If the date of arrest is prior to the issuance of the limiteddriving privilege, the privilege shall not be terminated. Failure of thedriver to maintain proof of financial responsibility, as required bychapter 303, or to maintain proof of installation of a functioning,certified ignition interlock device, as applicable, shall terminate theprivilege. The director shall notify by ordinary mail the driver whoseprivilege is so terminated.
(6) Except as provided in subdivision (8) of this subsection, noperson is eligible to receive a limited driving privilege who at the timeof application for a limited driving privilege has previously been grantedsuch a privilege within the immediately preceding five years, or whoselicense has been suspended or revoked for the following reasons:
(a) A conviction of violating the provisions of section 577.010 or577.012, RSMo, or any similar provision of any federal or state law, or amunicipal or county law where the judge in such case was an attorney andthe defendant was represented by or waived the right to an attorney inwriting, until the person has completed the first thirty days of asuspension or revocation imposed pursuant to this chapter;
(b) A conviction of any felony in the commission of which a motorvehicle was used;
(c) Ineligibility for a license because of the provisions ofsubdivision (1), (2), (4), (5), (6), (7), (8), (9), (10) or (11) of section302.060;
(d) Because of operating a motor vehicle under the influence ofnarcotic drugs, a controlled substance as defined in chapter 195, RSMo, orhaving left the scene of an accident as provided in section 577.060, RSMo;
(e) Due to a revocation for the first time for failure to submit to achemical test pursuant to section 577.041, RSMo, or due to a refusal tosubmit to a chemical test in any other state, if such person has notcompleted the first ninety days of such revocation;
(f) Violation more than once of the provisions of section 577.041,RSMo, or a similar implied consent law of any other state; or
(g) Due to a suspension pursuant to subsection 2 of section 302.525and who has not completed the first thirty days of such suspension,provided the person is not otherwise ineligible for a limited drivingprivilege; or due to a revocation pursuant to subsection 2 of section302.525 if such person has not completed such revocation.
(7) No person who possesses a commercial driver's license shallreceive a limited driving privilege issued for the purpose of operating acommercial motor vehicle if such person's driving privilege is suspended,revoked, canceled, denied, or disqualified. Nothing in this section shallprohibit the issuance of a limited driving privilege for the purpose ofoperating a noncommercial motor vehicle provided that pursuant to theprovisions of this section, the applicant is not otherwise ineligible for alimited driving privilege.
(8) (a) Provided that pursuant to the provisions of this section,the applicant is not otherwise ineligible for a limited driving privilege,a circuit court or the director may, in the manner prescribed in thissubsection, allow a person who has had such person's license to operate amotor vehicle revoked where that person cannot obtain a new license for aperiod of ten years, as prescribed in subdivision (9) of section 302.060,to apply for a limited driving privilege pursuant to this subsection ifsuch person has served at least three years of such disqualification orrevocation. Such person shall present evidence satisfactory to the courtor the director that such person has not been convicted of any offenserelated to alcohol, controlled substances or drugs during the precedingthree years and that the person's habits and conduct show that the personno longer poses a threat to the public safety of this state.
(b) Provided that pursuant to the provisions of this section, theapplicant is not otherwise ineligible for a limited driving privilege orconvicted of involuntary manslaughter while operating a motor vehicle in anintoxicated condition, a circuit court or the director may, in the mannerprescribed in this subsection, allow a person who has had such person'slicense to operate a motor vehicle revoked where that person cannot obtaina new license for a period of five years because of two convictions ofdriving while intoxicated, as prescribed in subdivision (10) of section302.060, to apply for a limited driving privilege pursuant to thissubsection if such person has served at least two years of suchdisqualification or revocation. Such person shall present evidencesatisfactory to the court or the director that such person has not beenconvicted of any offense related to alcohol, controlled substances or drugsduring the preceding two years and that the person's habits and conductshow that the person no longer poses a threat to the public safety of thisstate. Any person who is denied a license permanently in this statebecause of an alcohol-related conviction subsequent to a restoration ofsuch person's driving privileges pursuant to subdivision (9) of section302.060 shall not be eligible for limited driving privilege pursuant to theprovisions of this subdivision.
4. Any person who has received notice of denial of a request oflimited driving privilege by the director of revenue may make a request fora review of the director's determination in the circuit court of the countyin which the person resides or the county in which is located the person'sprincipal place of business or employment within thirty days of the date ofmailing of the notice of denial. Such review shall be based upon therecords of the department of revenue and other competent evidence and shallbe limited to a review of whether the applicant was statutorily entitled tothe limited driving privilege.
5. The director of revenue shall promulgate rules and regulationsnecessary to carry out the provisions of this section. Any rule or portionof a rule, as that term is defined in section 536.010, RSMo, that iscreated under the authority delegated in this section shall becomeeffective only if it complies with and is subject to all of the provisionsof chapter 536, RSMo, and, if applicable, section 536.028, RSMo. Thissection and chapter 536, RSMo, are nonseverable and if any of the powersvested with the general assembly pursuant to chapter 536, RSMo, to review,to delay the effective date or to disapprove and annul a rule aresubsequently held unconstitutional, then the grant of rulemaking authorityand any rule proposed or adopted after August 28, 2001, shall be invalidand void.
Return of license, when--limited driving privilege, when granted,application, when denied--judicial review of denial by directorof revenue--rulemaking.
302.309. 1. Whenever any license is suspended pursuant to sections302.302 to 302.309, the director of revenue shall return the license to theoperator immediately upon the termination of the period of suspension andupon compliance with the requirements of chapter 303, RSMo.
2. Any operator whose license is revoked pursuant to these sections,upon the termination of the period of revocation, shall apply for a newlicense in the manner prescribed by law.
3. (1) All circuit courts or the director of revenue shall havejurisdiction to hear applications and make eligibility determinationsgranting limited driving privileges. Any application may be made inwriting to the director of revenue and the person's reasons for requestingthe limited driving privilege shall be made therein.
(2) When any court of record having jurisdiction or the director ofrevenue finds that an operator is required to operate a motor vehicle inconnection with any of the following:
(a) A business, occupation, or employment;
(b) Seeking medical treatment for such operator;
(c) Attending school or other institution of higher education;
(d) Attending alcohol or drug treatment programs;
(e) Seeking the required services of a certified ignition interlockdevice provider; or
(f) Any other circumstance the court or director finds would createan undue hardship on the operator;
the court or director may grant such limited driving privilege as thecircumstances of the case justify if the court or director finds unduehardship would result to the individual, and while so operating a motorvehicle within the restrictions and limitations of the limited drivingprivilege the driver shall not be guilty of operating a motor vehiclewithout a valid license.
(3) An operator may make application to the proper court in thecounty in which such operator resides or in the county in which is locatedthe operator's principal place of business or employment. Any applicationfor a limited driving privilege made to a circuit court shall name thedirector as a party defendant and shall be served upon the director priorto the grant of any limited privilege, and shall be accompanied by a copyof the applicant's driving record as certified by the director. Anyapplicant for a limited driving privilege shall have on file with thedepartment of revenue proof of financial responsibility as required bychapter 303, RSMo. Any application by a person who transports persons orproperty as classified in section 302.015 may be accompanied by proof offinancial responsibility as required by chapter 303, RSMo, but if proof offinancial responsibility does not accompany the application, or if theapplicant does not have on file with the department of revenue proof offinancial responsibility, the court or the director has discretion to grantthe limited driving privilege to the person solely for the purpose ofoperating a vehicle whose owner has complied with chapter 303, RSMo, forthat vehicle, and the limited driving privilege must state suchrestriction. When operating such vehicle under such restriction the personshall carry proof that the owner has complied with chapter 303, RSMo, forthat vehicle.
(4) No limited driving privilege shall be issued to any personotherwise eligible under the provisions of paragraph (a) of subdivision (6)of this subsection on a license revocation resulting from a convictionunder subdivision (9) of subsection 1 of section 302.302, or a licensedenial under paragraph (a) or (b) of subdivision (8) of this subsection,until the applicant has filed proof with the department of revenue that anymotor vehicle operated by the person is equipped with a functioning,certified ignition interlock device as a required condition of limiteddriving privilege.
(5) The court order or the director's grant of the limited orrestricted driving privilege shall indicate the termination date of theprivilege, which shall be not later than the end of the period ofsuspension or revocation. A copy of any court order shall be sent by theclerk of the court to the director, and a copy shall be given to the driverwhich shall be carried by the driver whenever such driver operates a motorvehicle. The director of revenue upon granting a limited driving privilegeshall give a copy of the limited driving privilege to the applicant. Theapplicant shall carry a copy of the limited driving privilege whileoperating a motor vehicle. A conviction which results in the assessment ofpoints pursuant to section 302.302, other than a violation of a municipalstop sign ordinance where no accident is involved, against a driver who isoperating a vehicle pursuant to a limited driving privilege terminates theprivilege, as of the date the points are assessed to the person's drivingrecord. If the date of arrest is prior to the issuance of the limiteddriving privilege, the privilege shall not be terminated. Failure of thedriver to maintain proof of financial responsibility, as required bychapter 303, or to maintain proof of installation of a functioning,certified ignition interlock device, as applicable, shall terminate theprivilege. The director shall notify by ordinary mail the driver whoseprivilege is so terminated.
(6) Except as provided in subdivision (8) of this subsection, noperson is eligible to receive a limited driving privilege who at the timeof application for a limited driving privilege has previously been grantedsuch a privilege within the immediately preceding five years, or whoselicense has been suspended or revoked for the following reasons:
(a) A conviction of violating the provisions of section 577.010 or577.012, RSMo, or any similar provision of any federal or state law, or amunicipal or county law where the judge in such case was an attorney andthe defendant was represented by or waived the right to an attorney inwriting, until the person has completed the first thirty days of asuspension or revocation imposed pursuant to this chapter;
(b) A conviction of any felony in the commission of which a motorvehicle was used;
(c) Ineligibility for a license because of the provisions ofsubdivision (1), (2), (4), (5), (6), (7), (8), (9), (10) or (11) of section302.060;
(d) Because of operating a motor vehicle under the influence ofnarcotic drugs, a controlled substance as defined in chapter 195, RSMo, orhaving left the scene of an accident as provided in section 577.060, RSMo;
(e) Due to a revocation for the first time for failure to submit to achemical test pursuant to section 577.041, RSMo, or due to a refusal tosubmit to a chemical test in any other state, if such person has notcompleted the first ninety days of such revocation;
(f) Violation more than once of the provisions of section 577.041,RSMo, or a similar implied consent law of any other state; or
(g) Due to a suspension pursuant to subsection 2 of section 302.525and who has not completed the first thirty days of such suspension,provided the person is not otherwise ineligible for a limited drivingprivilege; or due to a revocation pursuant to subsection 2 of section302.525 if such person has not completed such revocation.
(7) No person who possesses a commercial driver's license shallreceive a limited driving privilege issued for the purpose of operating acommercial motor vehicle if such person's driving privilege is suspended,revoked, canceled, denied, or disqualified. Nothing in this section shallprohibit the issuance of a limited driving privilege for the purpose ofoperating a noncommercial motor vehicle provided that pursuant to theprovisions of this section, the applicant is not otherwise ineligible for alimited driving privilege.
(8) (a) Provided that pursuant to the provisions of this section,the applicant is not otherwise ineligible for a limited driving privilege,a circuit court or the director may, in the manner prescribed in thissubsection, allow a person who has had such person's license to operate amotor vehicle revoked where that person cannot obtain a new license for aperiod of ten years, as prescribed in subdivision (9) of section 302.060,to apply for a limited driving privilege pursuant to this subsection ifsuch person has served at least three years of such disqualification orrevocation. Such person shall present evidence satisfactory to the courtor the director that such person has not been convicted of any offenserelated to alcohol, controlled substances or drugs during the precedingthree years and that the person's habits and conduct show that the personno longer poses a threat to the public safety of this state.
(b) Provided that pursuant to the provisions of this section, theapplicant is not otherwise ineligible for a limited driving privilege orconvicted of involuntary manslaughter while operating a motor vehicle in anintoxicated condition, a circuit court or the director may, in the mannerprescribed in this subsection, allow a person who has had such person'slicense to operate a motor vehicle revoked where that person cannot obtaina new license for a period of five years because of two convictions ofdriving while intoxicated, as prescribed in subdivision (10) of section302.060, to apply for a limited driving privilege pursuant to thissubsection if such person has served at least two years of suchdisqualification or revocation. Such person shall present evidencesatisfactory to the court or the director that such person has not beenconvicted of any offense related to alcohol, controlled substances or drugsduring the preceding two years and that the person's habits and conductshow that the person no longer poses a threat to the public safety of thisstate. Any person who is denied a license permanently in this statebecause of an alcohol-related conviction subsequent to a restoration ofsuch person's driving privileges pursuant to subdivision (9) of section302.060 shall not be eligible for limited driving privilege pursuant to theprovisions of this subdivision.
4. Any person who has received notice of denial of a request oflimited driving privilege by the director of revenue may make a request fora review of the director's determination in the circuit court of the countyin which the person resides or the county in which is located the person'sprincipal place of business or employment within thirty days of the date ofmailing of the notice of denial. Such review shall be based upon therecords of the department of revenue and other competent evidence and shallbe limited to a review of whether the applicant was statutorily entitled tothe limited driving privilege.
5. The director of revenue shall promulgate rules and regulationsnecessary to carry out the provisions of this section. Any rule or portionof a rule, as that term is defined in section 536.010, RSMo, that iscreated under the authority delegated in this section shall becomeeffective only if it complies with and is subject to all of the provisionsof chapter 536, RSMo, and, if applicable, section 536.028, RSMo. Thissection and chapter 536, RSMo, are nonseverable and if any of the powersvested with the general assembly pursuant to chapter 536, RSMo, to review,to delay the effective date or to disapprove and annul a rule aresubsequently held unconstitutional, then the grant of rulemaking authorityand any rule proposed or adopted after August 28, 2001, shall be invalidand void.
