COM., DEPT. OF TRANSP. v. Chalfant

Under this court’s established construction of the medical regulations governing eligibility for school bus driver licenses, appellee Chalfant’s medical history of seizure disorder is disqualifying, even though there is no diagnosis that he is afflicted at present.

The pertinent regulation, 67 Pa.Code § 71.3(b)(10), sets forth two distinct qualifications pertinent to the class of potential disability present here. If a school bus driver license applicant is unable to meet either one of those qualifications, the applicant is ineligible for the license. A fair reading of the pertinent provision…