S-21-0206, Colt M. Pope (Appellant) v. Department of Motor Vehicles
District Court for Clay County, Hon. Stephen R. Illingworth
Attorneys: T. Charles James (Langvardt Valle & James);
Douglas J. Peterson, Attorney General, and Milissa Johnson-Wiles, Assistant Attorney General
Civil: Administrative License Revocation
Proceedings below: District court dismissed Appellant’s appeal of administrative license revocation after it determined that sworn report met jurisdictional requirements and that procedures employed by Appellee were within its statutory authority.
Issues: 1) Whether sworn report established prima facie case and conferred jurisdiction on Appellee to revoke license when Appellant provided a copy of sworn report that had been signed by arresting officer but had not been notarized; 2) whether the director of the Appellee had authority under statute or Department rules to “continue” or “reopen” hearing for additional evidence after hearing officer had made recommendation to dismiss for lack of proper sworn report; and 3) whether procedure employed by the Appellee violated due process.