Asked by Desirea Moore on Jun 30, 2024
Verified
Disappointed Applicant.Polly,who had a regular driver's license to operate an automobile,decided that she really wanted to drive a tractor-trailer truck.She thought that it would be nice to earn money while seeing the country.Polly had all applicable training and went to her state's department of motor vehicle office to take the test required in order to obtain a license to drive a tractor-trailer truck.While taking the test,in an effort to relieve stress,Polly was stretching her neck and looking around at the other nervous test takers.The proctor for the exam saw her and accused her of stretching and straining to look at the exam answers of other test takers.Her application to drive a tractor-trailer was denied.The local agency department head was also furious with Polly and proceeded to revoke her regular automobile driver's license as well.Applicable statutes provide as follows: (1) "the DMV may suspend or revoke the privilege of any person to operate a motor vehicle upon any of the grounds which authorize the refusal to issue a license"; (2) "the DMV may refuse to issue a license to any person who has 'committed any fraud in any application.'" Polly hears that you have just finished business law and asks for advice.She says that she had decided that she does not really want to drive a tractor-trailer truck because of her neck problems but that she really would like to have her license to operate a regular automobile reinstated.Assuming Polly seeks to appeal revocation of her license to drive an automobile through any available avenues,what is the most likely result?
A) The agency decision will be upheld so long as it is determined that the agency head reasonably thought she was cheating,even if she was not.
B) The agency decision will be upheld so long as it is determined that substantial evidence supported the agency head's decision that she was cheating,even if she was not.
C) The decision will be reversed because Polly has decided that she no longer wants a license to drive tractor-trailer trucks.
D) The appeal will be dismissed because Polly had no right to a review of the agency head's decision.
E) The revocation of her license to drive automobiles will be reversed because the agency had no authority to take that step.
DMV
Department of Motor Vehicles, a state-level government agency that administers vehicle registration and driver licensing.
Tractor-Trailer
A transportation vehicle consisting of a semi-tractor (the front part) and one or more trailers to carry freight.
- Differentiate among various categories of administrative procedures, such as the power to issue subpoenas, grant licenses, and withdraw licenses.
Verified Answer
ZK
Zybrea KnightJul 03, 2024
Final Answer :
E
Explanation :
Courts can review whether an administrative agency exceeded the authority granted to it by its enabling legislation,as illustrated in the Yan Ju Wang v.George Valverde case referenced in the textbook.
Learning Objectives
- Differentiate among various categories of administrative procedures, such as the power to issue subpoenas, grant licenses, and withdraw licenses.