Department of Highway Safety & Motor Vehicles v. Clay

Petitioner, Department of Highway Safety and Motor Vehicles (“DHSMV”), seeks second-tier certiorari review of a circuit court order granting Herbert Clay’s (“Clay”) first-tier petition for writ of cer-tiorari.1 The circuit court quashed DHSMV’s administrative order affirming the suspension of Clay’s driver’s license, concluding that the suspension violated the motorist’s due process rights. In so ruling, the circuit court declined to remand *1260the case to the hearing officer for further proceedings, deeming the remand futile and burdensome. DHSMV argues that the circuit court departed from the…