Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

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,

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 office 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 influence low her to call her husband and employer to come to the office to tell the hearing officer that she was in Europe from July 28 to August 10 on vacation. The hearing officer refuses, stating, "You had a month to prepare for this hearing."

After the hearing concludes, the hearing officer announc-es his decision orally. He states, "I find that you operated a vehicle while under the influence of alcohol and sus-pend your license for 90 days. This is my final 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.

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Contract Law

Authors: Roger Halson

2nd Edition

1405858788, 978-1405858786

More Books

Students also viewed these Law questions

Question

Did the researcher do a confirmability audit?

Answered: 1 week ago