Davis v. Hiatt
Davis v. Hiatt
Opinion of the Court
The threshold issue in this case is whether the superior court had jurisdiction to review the order of revocation issued by the Division of Motor Vehicles (DMV) to petitioner. G.S. 20-25 provides statutory authority for judicial review of drivers’ license revocations by the DMV. The statute states that
[a]ny person denied a license or whose license has been canceled, suspended or revoked by the Division, except where such cancellation is mandatory under the provisions of this Article, shall have a right to file a petition within 30 days thereafter for a hearing in the matter in the superior court ....
G.S. 20-25.
G.S. 20-17(2) provides for mandatory revocation of a driver’s license by the DMV when, among other things, DMV receives notice of the driver’s conviction for impaired driving under G.S. 20-138.1. The period of revocation is provided in G.S. 20-19. G.S. 20-16 provides for instances when the DMV can exercise its dis
Alternatively, petitioner contends that G.S. 150B-43 provides statutory authorization for review by the superior court of the DMV’s action. Chapter 150B of the North Carolina General Statutes is the Administrative Procedure Act. G.S. 150B-l(c) states that the provisions of Chapter 150B “shall apply to every agency” except where a statute makes specific provisions to the contrary. G.S. 150B-l(d) makes specific exceptions. The only exceptions pertaining to the Department of Transportation, of which the DMV is a part, are exceptions from portions of the Rule Making and Administrative Hearings Articles. The DOT/DMV is not excepted from the Article 4 “Judicial Review” provisions. Accordingly, G.S. 150B-43 applies to the DMV.
G.S. 150B-43 provides for judicial review of a final decision in a contested case after exhaustion of all administrative remedies available to an aggrieved party. However, the provisions for review do not apply if “adequate procedure for judicial review is provided by another statute.” G.S. 150B-43. The DMV’s order revoking petitioner’s license was a final decision in a contested case. The DMV alleged in its answer to petitioner’s complaint that “G.S. 20-25 does not provide for an appeal” of petitioner’s license revocation because the revocation was mandatory. A contested case is an agency proceeding that determines the rights of a party or parties. G.S. 150B-2(2); Lloyd v. Babb, 296 N.C. 416, 424-25, 251 S.E. 2d 843, 850 (1979). Furthermore, as we have stated, there is no provision for judicial review of “mandatory” revocations under G.S. 20-25. Therefore, pursuant to G.S. 150B-43, the superior court had jurisdiction to review the order of revocation.
The issue presented to the superior court was whether a no contest plea on a previous charge of driving while impaired quali
For the reasons stated, the order of the superior court reversing the DMV’s order of revocation and remanding the case to the DMV for a one-year revocation as required by law is affirmed.
Affirmed.
Reference
- Full Case Name
- JAMES SIDNEY DAVIS v. WILLIAM S. HIATT, COMMISSIONER, NORTH CAROLINA DIVISION OF MOTOR VEHICLES
- Cited By
- 1 case
- Status
- Published