Reference - Disappointed Applicant. Polly, who had a regular driver's license to operate an automobile, decided that she really wanted to drive a tractor-trailer truck. She thought that it would be nice to earn money while seeing the country. Polly had all applicable training and went to her state's department of motor vehicle office to take the test required in order to obtain a license to drive a tractor-trailer truck. While taking the test, in an effort to relieve stress, Polly was stretching her neck and looking around at the other nervous test takers. The proctor for the exam saw her and accused her of stretching and straining to look at the exam answers of other test takers. Her application to drive a tractor-trailer was denied. The local agency department head was also furious with Polly and proceeded to revoke her regular automobile driver's license as well. Applicable statutes provide as follows: (1) "the DMV may suspend or revoke the privilege of any person to operate a motor vehicle upon any of the grounds which authorize the refusal to issue a license"; (2) "the DMV may refuse to issue a license to any person who has "committed any fraud in any application." Polly hears that you have just finished business law and asks for advice. She says that she had decided that she does not really want to drive a tractor-trailer truck because of her neck problems but that she really would like to have her license to operate a regular automobile reinstated. Assuming Polly seeks to appeal revocation of her license to drive an automobile through any available avenues, what is the most likely result?
A) The agency decision will be upheld so long as it is determined that the agency head reasonably thought she was cheating, even if she was not.
B) The agency decision will be upheld so long as it is determined that substantial evidence supported the agency head's decision that she was cheating, even if she was not.
C) The decision will be reversed because Polly has decided that she no longer wants a license to drive tractor-trailer trucks.
D) The appeal will be dismissed because Polly had no right to review of the agency head's decision.
E) The revocation of her license to drive automobiles will be reversed because the agency had no authority to take that step.
Correct Answer:
Verified
Q59: Reference - DUI Charge. Monique was licensed
Q60: Reference - DUI Charge. Monique was licensed
Q61: Reference - Disappointed Applicant. Polly, who had
Q63: Set forth the stages and requirements of
Q64: Why are administrative agencies at times referred
Q66: Set forth the steps involved in hybrid
Q67: Reference - Four Paws Protection. Congress set
Q68: Reference - Disappointed Applicant. Polly, who had
Q69: When may an agency claim an exemption
Q87: Set forth the steps involved in formal
Unlock this Answer For Free Now!
View this answer and more for free by performing one of the following actions
Scan the QR code to install the App and get 2 free unlocks
Unlock quizzes for free by uploading documents