(a) The commissioner may consider and grant special exemptions submitted in writing by the minor and the minor’s parents or guardian from this part if it is found that to do so would be in the best interest of the minor involved, and present no danger to the life, health or safety, or schooling of the minor.(b)(1) Before granting a special exemption, the commissioner shall investigate and determine from all pertinent data available that there is reasonable cause to believe that the exemption is in the best interests of the minor.(2) If the commissioner finds that the minor is entitled to a special exemption, the commissioner will immediately report, in writing, the commissioner’s findings and reasons for granting the special exemption, to the director of schools in the county in which the minor resides.(c) Failure by the commissioner to grant a special exemption within ten (10) days of submission shall be considered a refusal.(d)(1) When a special exemption has been refused, the commissioner shall, upon demand made within five (5) days after the refusal, furnish the minor and the minor’s parents or guardian with a written statement of the reasons for the refusal.(2) This written statement shall be furnished by the commissioner within ten (10) days of the commissioner’s receipt of the demand by the minor and the minor’s parents or guardian.(e)(1) Within ten (10) days after the receipt of the statement by the commissioner, the minor and the minor’s parents or guardian may petition the court having jurisdiction over juvenile matters in the county in which the minor resides for an order directing the commissioner to grant a special exemption.(2) The petition shall state the reasons why the court should issue an order, and the petitioner shall attach to the petition the statement of the commissioner obtained pursuant to subsection (d).(f)(1) The court shall hold a hearing and receive further testimony and evidence it deems necessary.(2) If the court finds that the issuance or reissuance of a permit is in the best interest of the minor, it shall grant the petition.
