PURPOSE: This rule establishes the proper procedures and parties necessary for a trial de novo in the circuit court following an administrative hearing sustaining the suspension or revocation of a person’s driving privilege pursuant to section 302.530, RSMo.

1. (1) Any person aggrieved by a decision of the department rendered at an administrative hearing pursuant to section 302.530, RSMo shall file an appeal for judicial review within fifteen (15) days after being notified by certified letter of the department’s decision or the decision shall be final.
2. (2) The appeal from the decision of the department shall be in the form of a petition for trial de novo. The petition shall be filed in the circuit court of the county where the arrest occurred. The trial de novo shall be conducted pursuant to the Missouri rules of civil procedure and not as an appeal of an administrative decision pursuant to Chapter 536, RSMo. Process shall be served personally upon the director of revenue, Harry S Truman State Office Building, Room 660, 301 West High Street, Jefferson City, MO 65105. The case shall be decided by the judge sitting without a jury.
3. (3) If the person files a timely petition for trial de novo under section 302.535.1., RSMo and if the person’s driving record shows no prior alcohol-related enforcement contact during the immediately preceding five (5) years, the petitioner shall be issued a restricted driving privilege for the limited purpose of driving in connection with the petitioner’s business, occupation, employment or formal program of secondary, postsecondary or higher education. The restricted driving privilege shall not be issued until the petitioner has completed the first thirty (30) days of a suspension.
4. (4) The department shall not issue a restricted driving privilege to a petitioner whose driving record shows any prior alcohol-related enforcement contact during the immediately preceding five (5) years.
5. (5) The director of revenue shall be represented at trials de novo under section 302.535.1., RSMo by attorneys from the Department of Revenue, Office of the General Counsel.

AUTHORITY: sections: 302.525, RSMo Supp. 1991, 302.530 and 302.535, RSMo 1986.* Original rule filed Feb. 3, 1984, effective May 11, 1984. Amended: Filed Aug. 14, 1984, effective Dec. 13, 1984. Amended: Filed Oct. 1, 1985, effective Dec. 26, 1985. Amended: Filed Nov. 12, 1991, effective March 9, 1992. Amended: Filed July 2, 1992, effective Feb. 26, 1993. *Original authority: 302.525, RSMo 1983, amended 1984, 1991 and 302.530 and 302.535, RSMo 1983, amended 1984.