Question
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.
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