Commonwealth, Department of Transportation, Bureau of Traffic Safety v. Rick

Opinion by

Judge Doyle,

Before this Court is an appeal by the Department of Transportation (Department) from a decision and order of the Court of Common Pleas of Luzerne County which allowed William J. Rick, Jr. (Appellee) to file an appeal nunc pro tunc from a suspension of his operator’s license by the Department and which also sustained his appeal of the suspension.

On May 2, 1978, Appellee was convicted of driving under the influence of alcohol. The certification of this conviction was not forwarded to the Department, however, until July 9, 1979. The Department, in turn, failed to send…