Isenberg v. Dept. of Motor Vehicles CA5
THE COURT:
It is hereby ordered that the nonpublished majority opinion filed on July 22, 2022, be modified as follows:
On page 20, the text of footnote 7 is deleted in its entirety and the following text is inserted in its place:
APS hearings and the hearing officer’s decision must comply with Vehicle Code sections 14100 through 14106. Pursuant to Vehicle Code section 14112, subdivision (a), all matters not covered by those sections shall be governed, as far as applicable, by chapter 5 (Gov. Code, §§ 11500–11529) of California’s Administrative Procedure Act (APA; Gov. Code, § 11340 et seq.). In turn, Government Code section 11501, subdivision (c) states that chapter 4.5 of the APA “applies to an adjudicative proceeding required to be conducted under this chapter, unless the statutes relating to the proceeding provide otherwise.” Based on the foregoing provisions, Isenberg contends the hearing officer’s decision is subject to Government Code section 11425.50, which require
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