Morgan v. State ex rel. Department of Public Safety

MEMORANDUM OPINION

JONES, Judge:

The Department of Public Safety (DPS) appeals the District Court’s order sustaining the administrative appeal of Appellee, Charles Morgan, and reinstating his driver’s license. The issue is whether a District Court in a trial de novo must take judicial notice of an uncontested rule of an administrative agency which it deems valid, and which has been admitted into evidence. We hold in the affirmative.

On May 23, 1992, Appellee was arrested for driving while under the influence of alcohol. Appellee agreed to the chemical testing of his breath to determine its…