61-8-808. Right of appeal to court. The department shall immediately notify in writing any person whose commercial driver's license has been suspended under the provisions of 61-8-806, and the person may, within 30 days after receipt of notification, file a petition for a hearing on the matter in the district court in the county where the person resides or in the district court in the county where the finding of refusal was made. The court has jurisdiction and shall set the matter for hearing upon 10 days' written notice to the county attorney of the county where the appeal is filed. The county attorney shall represent the state. The court shall take testimony and examine the facts of the case, except that the issue is limited to whether a peace officer had reasonable grounds to believe that the person had been driving or was in actual physical control of a commercial motor vehicle upon ways of this state open to the public while the person had any measurable or detectable alcohol concentration, whether the person was ordered to submit to a test, and whether the person refused to submit to the test. The court shall determine whether the petitioner is entitled to a commercial driver's license or is subject to suspension as provided in this part.

     History: En. Sec. 7, Ch. 378, L. 1989; amd. Sec. 32, Ch. 195, L. 1993; amd. Sec. 9, Ch. 53, L. 1995.