Miles v. Smith

Blackburn, Presiding Judge.

Sid Miles, the Commissioner of the Georgia Department of Public Safety, appeals the superior court’s order reversing an administrative law judge’s decision to suspend Ronald S. Smith’s driver’s license. Although the superior court found “no merit” to Smith’s petition for review of the administrative decision, the court nevertheless reversed that decision because the ALJ “improperly admitted and considered hearsay evidence at trial.”

1. As we have held:

A superior court, when reviewing a DPS decision, sits only as an appellate court. The decision of DPS shall be…