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02/10/87 Barbara Scott, v. Jim Edgar

February 10, 1987

BARBARA SCOTT, PETITIONER-APPELLEE

v.

JIM EDGAR, SECRETARY OF STATE, RESPONDENT-APPELLANT

COURTS OF REVIEW ARE LIMITED TO DETERMINING WHETHER AN AGENCY'S FINDINGS ARE AGAINST THE MANIFEST WEIGHT OF THE EVIDENCE. (MURDY

v.

EDGAR (1984), 103 ILL. 2D 384, 469 N.E.2D 1085.) FURTHERMORE, AS THIS COURT STATED IN AGANS

v.

EDGAR (1986), 142 ILL. APP. 3D 1087, 1094, 492 N.E.2D 929, 933:



APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT

505 N.E.2d 4, 152 Ill. App. 3d 221, 105 Ill. Dec. 878 1987.IL.147

Appeal from the Circuit Court of Sangamon County; the Hon. Richard E. Mann, Judge, presiding.

APPELLATE Judges:

PRESIDING JUSTICE SPITZ delivered the opinion of the court. LUND and KNECHT, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE SPITZ

Plaintiff was arrested for driving while under the influence of alcohol (Ill. Rev. Stat. 1983, ch. 95 1/2, par. 11-501). On April 26, 1984, an order suspending the plaintiff's driver's license and driving privileges was entered. On October 5, 1984, plaintiff's driver's license and driving privileges were revoked. This was plaintiff's second incident of DUI.

In 1985, plaintiff applied for a restricted driving permit. In compliance with the Secretary's administrative rules, plaintiff attended and completed an alcohol-drug remedial education program on July 10, 1984, and submitted an updated alcohol-drug assessment dated April 10, 1985. Plaintiff was granted a formal administrative hearing which was conducted on May 28, 1985, at which time she requested a restricted driving permit. Following the hearing, the hearing officer made the following Conclusions of law:

"1. The evidence established that the petitioner currently does not have a problem with alcohol/drugs.

2. The petitioner provided evidence sufficient to carry her burden of proving that her alcohol problem has been resolved.

3. The petitioner is not employed and, therefore, is ineligible for an RDP [restricted driving permit]."

The hearing officer recommended that the petition for a restricted driving permit should be denied. On June 13, 1985, the Secretary of State adopted the recommendations of the hearing officer and ordered that the petition for a restricted driving permit be denied.

Subsequently, plaintiff filed a complaint for administrative review in the circuit court of Sangamon County, against Secretary of State Jim Edgar, seeking to reverse the Secretary's decision denying her a restricted driving permit. The circuit court reversed the Secretary's decision and ordered the Secretary to issue a restricted driving permit. The Secretary now appeals from the circuit court's order.

"n order for the circuit court to find the Secretary's decision is against the manifest weight of the evidence, the circuit court must determine, after viewing the evidence in the light most favorable to the Secretary, that no rational trier of fact could have agreed with the Secretary's decision."

Section 6-205(c) of the Illinois Vehicle Code (Ill. Rev. Stat. 1985, ch. 95 1/2, par. 6-205(c)) ...


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