Administrative law 1-3

1. State Statute reads as follows: If the State Department of Motor Vehicles has cause to believe that a licensed driver has violated some law, ordinance, or regulation that concerns the operation of a motor vehicle, it shall conduct a hearing on the record and determine if the driver's license should be suspended or revoked. The agency shall take appropriate action following the hearing. Appeals of suspensions and revocations under this chapter may be appealed to a state district court. Irene receives a document from the State Department of Motor Vehicles entitled \"Notice of Hearing: Driver's License Suspension or Revocation." The notice, which she receives on August 25, states that she is to appear at the department's ofce on September 25 for a hearing to determine if she violated state law and whether her driver's license should be suspended or revoked. She appears at the hearing and learns that the issue is whether she operated a vehicle while under the inuence of alcohol on August 2. She asks the hearing officer to al- low her to call her husband and employer to come to the ofce to tell the hearing ofcer that she was in Europe from July 28 to August 10 on vacation. The hearing ofcer refuses, stating, \"You had a month to prepare for this hearing." After the hearing concludes, the hearing ofcer announc- es his decision orally. He states, \"I nd that you operated a vehicle while under the influence of alcohol and sus- pend your license for 90 days. This is my nal decision and you may appeal it." Irene appeals the decision to a state district court. The state has adopted an administra- tive procedure law identical to the federal APA. Identify and discuss all issues you discover in this scenario. . What burden of proof do you believe should be applied to agency actions that encroach on civil liberties? . The last line of Section 8.8 states that due process problems would result from allowing \"such licenses to lapse.\" Explain