Section 181C.04 - [As Added by 2023Minn. Laws, ch.65] DEACTIVATION(a) A TNC must have clear written rules stating the circumstances under which a driver may be deactivated or sanctioned, either permanently or temporarily, and stating fair, objective, and reasonable procedures for a driver to request a reconsideration of a deactivation. These rules and any updates must be available both online and in written form to the drivers at least 30 days before they are enforceable. The rules must clearly list the circumstances that constitute minor infractions and major infractions, and indicate those infractions that subject a driver to deactivation or other sanction and the corresponding number of days or range of days of deactivation. A TNC's rules must provide that a driver must be subject to permanent deactivation if the driver is convicted of or receives a stay of adjudication for felony-level harassment or stalking under section 609.749, subdivision 3, 4, or 5. A TNC's rules must provide that a driver must be subject to permanent deactivation if the driver is convicted of or receives a stay of adjudication for murder under section 609.185, 609.19, or 609.195. A TNC's rules must provide that a driver must be subject to permanent deactivation if the driver is convicted of or receives a stay of adjudication for violation of predatory offender registration requirements under section 243.166, subdivision 5. A TNC's rules must provide that a driver must be subject to permanent deactivation if the driver is convicted of or receives a stay of adjudication for violating a harassment restraining order under section 609.748. A TNC's rules must provide that a driver must be subject to permanent deactivation if the driver is convicted of or receives a stay of adjudication for possession of pornographic work involving minors under section 617.247. A TNC's rules must provide that a driver must be subject to permanent deactivation if the driver is convicted of or receives a stay of adjudication for criminal sexual conduct under section 609.342, 609.343, 609.344, 609.345, or 609.3451, or for criminal sexual predatory conduct under section 609.3453. A TNC's rules must provide that a driver must be subject to permanent deactivation if the driver is convicted of or receives a stay of adjudication for carjacking under section 609.247. A TNC's rules must provide that a driver must be subject to permanent deactivation if the driver is convicted of or receives a stay of adjudication for driving while impaired under section 16920. A TNC's rules must provide that a driver must be subject to permanent deactivation if the driver is convicted of or receives a stay of adjudication for kidnapping under section 609.25.(b) A TNC must provide the driver with a written basis for any proposed deactivation or other sanction, including the alleged infraction and the rule or rules the TNC alleges have been violated. The driver has a right to a meeting with the TNC to reconsider the deactivation. The deactivated driver must have an opportunity to present their position and any other relevant information or witnesses regarding the alleged rule violation. The TNC must consider any information presented by the driver. For a deactivation to be upheld, there must be evidence under the totality of the circumstances to find that it is more likely than not that a rule violation subjecting the driver to deactivation has occurred. A traffic ticket or other traffic or criminal charge alone is not conclusive of a rule violation unless there has been a conviction.(c) Except as provided in paragraphs (f) to (h), a driver must request a deactivation reconsideration meeting within 15 calendar days of receiving notice of a deactivation. A deactivation reconsideration meeting must occur within 15 calendar days of receipt of a driver's request for a deactivation reconsideration meeting. If a deactivation reconsideration meeting does not occur within the required time period, and no continuance is agreed to, the alleged violation must be dismissed and cannot form the basis of any further deactivation or other sanction, unless the driver is later found guilty of a crime that endangers public safety or of a violation that constitutes a major infraction.(d) If a rule violation is not substantiated at the deactivation reconsideration meeting, the TNC must immediately reinstate the driver's account.(e) This section does not affect deactivations for economic reasons that are not targeted at a particular driver or drivers.(f) Any driver who has been deactivated by a TNC from January 1, 2021, until the day of enactment, has the right to reapply for driver status and request a deactivation reconsideration meeting, consistent with the procedures provided in this section, to determine if there is a valid basis to uphold the deactivation, and whether the driver should be reinstated.(g) By August 1, 2023, a TNC must provide notice of a right to a deactivation reconsideration meeting to all drivers deactivated since January 1, 2021, by contacting the drivers through the following means, in no particular order, until actual contact is made: (1) emailing notice to the last known email address;(2) texting notice to the last known cell phone number;(3) mailing written notice to the last known home address; and(4) calling the last known phone number of the deactivated driver.(h) A deactivated driver notified under paragraph (g) has 90 days to request a deactivation reconsideration meeting. If a driver requests a deactivation reconsideration meeting, the procedures provided in this section apply.Added by 2023 Minn. Laws, ch. 65,s 3, eff. 7/1/2023.