Commonwealth v. Brown

Opinion by

Judge Craig,

These four cases involve review of the Pennsylvania Department of Transportations (DOT) recall of the appellees’ motor vehicle and school bus drivers’ licenses pursuant to department regulations, because the drivers suffer from certain chronic conditions such as epilepsy and heart disease. The key. issue is whether, after DOT has shown the existence of a specified diagnosis of one of these conditions, the driver may, by way of an affirmative defense, look to the Federal Rehabilitation Act (Act) to challenge DOT’s action.

Three of these cases involve persons who have…