Reference - Disappointed Applicant

question 38

Multiple Choice

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. What should Polly do next assuming her state's administrative scheme is the same as the federal scheme?

• A) She should appeal within the agency and later to court if she cannot receive a favorable agency determination.
• B) She should immediately appeal to court bypassing any other agency proceedings.
• C) She should appeal within the agency, but no later court proceedings would be possible.
• D) She should file a writ to negate any results in connection with the first test because by law applicants are entitled to retake a licensure test at least once.
• E) At the moment, there is nothing else that Polly can do to obtain reinstatement of her license; and she can only ask the agency for reconsideration of her position at a later date.

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