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BIANCO v. DMV

Nos. CV11050692; A149599.

307 P.3d 470 (2013)

257 Or. App. 446

In the Matter of the Suspension of the Driving Privileges of Marc Francis BIANCO, Petitioner-Respondent, v. DRIVER AND MOTOR VEHICLE SERVICES DIVISION (DMV), a division of the Department of Transportation, Respondent-Appellant.

Court of Appeals of Oregon.

Decided July 10, 2013.

Attorney(s) appearing for the Case

Rebecca M. Johansen , Assistant Attorney General, argued the cause for appellant. With her on the brief were John R. Kroger , Attorney General, and Anna M. Joyce , Solicitor General.

Robert G. Thuemmel argued the cause for appellant. With him on the brief was Rankin Johnson IV.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.

SCHUMAN, P.J.

The Driver and Motor Vehicle Services Division of the Oregon Department of Transportation (DMV) appeals a circuit court judgment setting aside an administrative order suspending petitioner's driving privileges. The circuit court ruled that DMV had violated one of its own administrative rules, OAR 735-090-0120, which concerns rescheduling a suspension hearing in the event that a subpoenaed officer is unable to attend the hearing. We agree with DMV that...

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