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COMMONWEALTH PENNSYLVANIA v. JOHN H. HOOVER (06/06/88)

decided: June 6, 1988.

COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, APPELLANT
v.
JOHN H. HOOVER, JR., APPELLEE



Appeal from the Order of the Court of Common Pleas of Bucks County, in the case of Commonwealth of Pennsylvania v. John H. Hoover, Jr., No. 86-4325-13-6.

COUNSEL

Harold H. Cramer, Assistant Counsel, with him, John L. Heaton, Chief Counsel, for appellant.

No appearance for appellee.

Judges Craig and Palladino, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 116 Pa. Commw. Page 539]

The Department of Transportation, Bureau of Driver Licensing (DOT or the department) appeals from an

[ 116 Pa. Commw. Page 540]

    order of the Court of Common Pleas of Bucks County that sustained the appeal of John H. Hoover, Jr., from DOT's cancellation of his driver's license.

The issues presented are (1) whether DOT made out a prima facie case that Hoover was "not entitled to the issuance" of the license, and (2) if DOT met its initial burden, whether Hoover's evidence of his later payment of outstanding fines in another state and of his entitlement to restoration of his license there constituted a sufficient basis for the court's order to DOT to restore his Pennsylvania license.

History

Hoover applied for a Pennsylvania learner's permit in March of 1986. By letter dated March 27, 1986, the director of DOT's Bureau of Driver Licensing informed Hoover that DOT had received information that Florida had suspended the driving privilege of someone with his name and birthdate. The letter stated that if Hoover's license was suspended in Florida he was not eligible for a Pennsylvania driver's license; that, if the information regarding suspension was incorrect or if his driving privilege had been restored in Florida, he should contact the transportation authorities there and obtain a clearance letter to forward to DOT within thirty days; and that if DOT did not receive the clearance letter it would suspend his license until such time as it received proof of restoration (Exhibit C-1; Reproduced Record 29a).

Nevertheless, Hoover took and passed the Pennsylvania driver's examination on April 7, 1986, and DOT issued a license to him on that date. However, by letter dated May 9, 1986, DOT notified Hoover that it was canceling his license under authority of section 1572 of the Vehicle Code, 75 Pa. C. S. ยง 1572, because it had determined ...


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