Haas v. Curry

Petitioner filed his petition to show cause why his operator’s license should not be suspended by the Bureau of Motor Vehicles. In the hearing on the matter petitioner stated that the Registrar failed to send him a warning letter as required per R. C. 4507.40(J). The attorney for the state Bureau of Motor Vehicles agrees that no notice was sent.

The only issue raised in this case is, does the word “shall” in R. C. 4507.40(J) impose a mandatory duty upon the Registrar to send a notice?

This court thinks that it does impose a mandatory duty on the Registrar.

R. C. 4507.40(J) states: “Whenever the…