Review; petition for rehearing in circuit or superior court
following suspension or revocation by bureau
Sec. 10. (a) A person whose current driver's license or permit or
certificate of registration has been suspended or revoked by the
bureau under section 9 of this chapter may file a petition within thirty
(30) days for a hearing in the matter in a circuit or superior court in
the county in which the person resides. The court has jurisdiction and
shall set the matter for hearing after fifteen (15) days written notice
to the bureau. The court shall conduct a hearing on the petition, take
testimony, and examine into the facts of the case de novo and
determine whether the action of the bureau complained of was
erroneous and make an appropriate order or decree as provided in
this chapter.
(b) Every action for a court review or appeal under this chapter
shall be tried by the court and not by a jury. The court shall, without
any requests, make, sign, and file a special finding of facts in writing
and shall state in writing its conclusions of law. The court shall
immediately, after ruling on any motion for a new trial duly filed,
render judgment in accordance with the conclusions of law stated in
the special findings of facts. Exceptions to conclusions of law may
be taken by an entry of the exceptions at any time before judgment.
As added by P.L.2-1991, SEC.18.
Last modified: May 27, 2006