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RUTKOWSKI v. COM., DEPT. OF TRANSP.

No. 538 C.D. 2009

987 A.2d 841 (2009)

Richard A. RUTKOWSKI v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant.

Commonwealth Court of Pennsylvania.

Decided December 24, 2009.

Reconsideration Denied En Banc February 18, 2010.

Attorney(s) appearing for the Case

Terrance M. Edwards, Asst. Counsel and Harold H. Cramer, Asst. Chief Counsel, Harrisburg, for appellant.

Meagan Bilik DeFazio, Greensburg, for appellee.

BEFORE: PELLEGRINI, Judge, LEAVITT, Judge, and FLAHERTY, Senior Judge.

OPINION BY Judge LEAVITT.

The Pennsylvania Department of Transportation, Bureau of Driver Licensing (Department), appeals an order of the Court of Common Pleas of Westmoreland County (trial court), which allowed Richard A. Rutkowski (Licensee) to appeal his driver license suspension on a nunc pro tunc basis. The Department contends that the trial court abused its discretion in allowing his appeal because Licensee failed to prove that fraud or a breakdown in...

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