Woods v. Com., Dept. of Motor Vehicles

BENTON, Judge.

Based upon the Department of Motor Vehicles’ policy to suspend or revoke the sales license of anyone convicted of a felony within the preceding five years, the Commissioner revoked Billy H. Woods’ license to sell motor vehicles. Woods contends the Department’s policy constitutes an improper promulgation of a rule in violation of the Administrative Process Act and violates his right to due process by arbitrarily revoking his license without the process afforded by statute. For the reasons that follow, we reverse the order and remand for reconsideration.

I

The evidence before the…