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COLE v. DRIVER AND MOTOR VEHICLE SERVICES BRANCH

(CC 9902-01073, DMV No. 81427; CA A108349, A109749; SC S48815, S49117).

87 P.3d 1120 (2004)

336 Or. 565

In the Matter of the Suspension of the Driving Privileges of Daniel Boyd COLE, Respondent on Review, v. DRIVER AND MOTOR VEHICLE SERVICES BRANCH (DMV), Petitioner on Review. Karen Dinsmore, Respondent on Review, v. Driver and Motor Vehicle Services Branch (DMV), Petitioner on Review.

Supreme Court of Oregon.

Decided April 8, 2004.

Attorney(s) appearing for the Case

Christina M. Hutchins, Assistant Attorney General, Salem, argued the cause and filed the briefs for petitioner on review. With her on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Wayne Mackeson, of Birmingham & Mackeson, L.L.P., Portland, argued the cause and filed the brief for respondent on review Cole. With him on the brief was Richard Lee Barton, of Barton & Associates, Portland.

Robert J. McCrea, Eugene, argued the cause and filed the brief for respondent on review Dinsmore.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, RIGGS, De MUNIZ, and BALMER, Justices.

BALMER, J.

In these cases, which we consolidated for argument and decision, the Driver and Motor Vehicle Services Branch (DMV), seeks review of Court of Appeals decisions holding that hearsay evidence presented in two driver license suspension hearings did not constitute substantial evidence sufficient to support DMV's orders suspending the driver licenses. Cole v. DMV, 172 Or.App. 132, 17 P.3d 573

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