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HUBER v. DEPARTMENT OF PUBLIC SAFETY

No. 24004.

724 N.W.2d 175 (2006)

2006 SD 96

Donald Paul HUBER, Plaintiff and Appellant, v. DEPARTMENT OF PUBLIC SAFETY, Defendant and Appellee.

Supreme Court of South Dakota.

Decided November 1, 2006.

Attorney(s) appearing for the Case

Richard A. Engels, Engels Law Office, P.C., Sioux Falls, South Dakota, Attorneys for plaintiff and appellant.

Lawrence E. Long, Attorney General, Ann C. Meyer, Assistant Attorney General, Pierre, South Dakota, Attorneys for defendant and appellee.

SABERS, Justice.

[¶ 1.] Donald Huber (Huber) appeals the Department of Public Safety's (Department) decision that he is unlicensable under SDCL 32-12-35. He also alleges the circuit court abused its discretion when it did not grant a hearing to take additional evidence during his appeal. We affirm.

FACTS

[¶ 2.] In September of 2001, Huber struck and killed two pedestrians when he "blacked out" while driving.1

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