Legal Opinion

Bianco v. Driver & Motor Vehicle Services Division

Court of Appeals of Oregon

Decided July 10, 2013No. CV11050692; A149599PublishedCited by 6 opinions

1Opinion of the CourtSchuman, P. J.

The Driver and Motor Vehicle Services Division of the Oregon Department of Transportation (DMV) appeals a circuit court judgment setting aside an administrative order suspending petitioner’s driving privileges. The circuit court ruled that DMV had violated one of its own administrative rules, OAR 735-090-0120, which concerns rescheduling a suspension hearing in the event that a subpoenaed officer is unable to attend the hearing. We agree with DMV that the administrative law judge (ALJ) correctly interpreted the applicable administrative rule, but we agree with petitioner that the order issued…

2Cases cited10 opinions

  1. Portland General Electric Co. v. Bureau of Labor & IndustriesOregon Supreme Court · 1993
  2. Drew v. Psychiatric Security Review BoardOregon Supreme Court · 1996
  3. Gafur v. Legacy Good Samaritan Hospital & Medical CenterOregon Supreme Court · 2008
  4. State v. HOGEVOLLOregon Supreme Court · 2010
  5. Tye v. McFetridgeOregon Supreme Court · 2006

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3Cited by6 opinions

  1. Suspension of the Driving Privileges of Gaylord v. Driver & Motor Vehicle Services DivisionCourt of Appeals of Oregon · 2017
  2. Kuhn ex rel. Kuhn v. Department of Human ServicesCourt of Appeals of Oregon · 2017
  3. Angeney v. DMVCourt of Appeals of Oregon · 2021
  4. Hanson v. Driver & Motor Vehicle Services Division (DMV), Circuit Court of the 3rd Judicial Circuit of Florida, Columbia County2016
  5. Ellicot v. Driver & Motor Vehicle Servs. Div.Court of Appeals of Oregon · 2018

1 more not listed; retrieve them via the Exa API.

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