Alforde v. Department of Licensing

115 Wash. App. 576
CourtCourt of Appeals of Washington
DecidedFebruary 11, 2003
DocketNo. 20768-4-III
StatusPublished
Cited by9 cases

This text of 115 Wash. App. 576 (Alforde v. Department of Licensing) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alforde v. Department of Licensing, 115 Wash. App. 576 (Wash. Ct. App. 2003).

Opinions

Brown, C.J. —

The Department of Licensing (DOL) appeals a superior court order reversing the suspension of Nicholas E. Alforde’s driver’s license under RCW 46.20.308, the implied consent law. The technical deficiency, successfully but incorrectly urged by Mr. Alforde to the superior court, was DOL’s failure to provide the arresting officer’s signature on a DOL created certificate/declaration form when forwarding documents to the hearing officer. We granted discretionary review to clarify the prima facie evidence requirements at the administrative review hearing under RCW 46.20.308(8). We decide a prima facie case is established by a sworn report, or a self-certified report under a declaration authorized by RCW 9A.72.085, so long as the facts provided are sufficient to support the evidentiary issues of RCW 46.20.308(8). Here, prima facie evidence was established in a sworn report or self-certified report. Substantial evidence supports the outcome. Accordingly, we reverse.

FACTS

In the early morning of November 4, 2000, Officers Andrew Hall and Ray Turner saw a vehicle driven by Mr. [578]*578Alforde fail to come to a complete stop at a stop sign. Upon contact, the officers collected evidence leading to Mr. Alforde’s arrest for driving under the influence (DUI) and transported him to the corrections center. Officer Hall read Mr. Alforde his implied consent warning, and Mr. Alforde agreed to a breath test. Mr. Alforde’s breath samples indicated an alcohol concentration of .107 and .110.

Under RCW 46.20.308(6)(e), Officer Hall submitted a “sworn report” in the form of a “Report of Breath/Blood Test for Alcohol” (later referred to as Exhibit 1) to DOL. Mr. Alforde’s license was suspended per RCW 46.20.308(7). Mr. Alforde requested an administrative hearing pursuant to RCW 46.20.308(8) challenging the DOL suspension. Officer Hall was in Mexico when the Ellensburg Police Department sent a document packet to the hearing examiner. The packet contained Exhibit 1, the sworn report, and Exhibit 2, consisting of the self-certified police reports of the two officers and accompanying evidence. Left unsigned was a cover sheet declaration required by department policy forwarding the exhibits designed to signify the attached reports, copies of documents, and information to be true, correct, and accurate.

When the hearing officer asked for objections to consider Exhibits 1 or 2, Mr. Alforde’s counsel had no objection to Exhibit 1, “since it is just the existence of the document which invokes the jurisdiction.” Clerk’s Papers (CP) at 52. Then, regarding Exhibit 2, Mr. Alforde’s counsel stated, “I do not wish to waive any argument that I may have as to the validity or the weight that may be given to exhibit 2 but if the admission is merely for them to be considered by you, I would have no objection.” CP at 52. After the examiner admitted the exhibits, Mr. Alforde presented no evidence at the 10-minute telephonic hearing. Instead, Mr. Alforde’s counsel argued DOL had not met its prima facie burden because the cover sheet had not been signed by Officer Hall.

After considering Exhibit 1 and Exhibit 2, the hearing examiner affirmed the suspension of Mr. Alforde’s driving privileges, deciding the documents submitted established a [579]*579prima facie case. On appeal, the superior court reversed the hearing examiner, finding the documents attached to the unsigned declaration were not admissible and the omission did not “constitute a mere technical deficiency.” CP at 84. We granted discretionary review.

ANALYSIS

The issue is whether the prima facie evidence requirements of RCW 46.20.308 were satisfied by the exhibits before the DOL hearing officer when considering Mr. Alforde’s objection that Officer Hall failed to sign the departmentally required cover sheet declaration forwarding the exhibits to DOL.

In reviewing a license revocation decision, we stand in the same position as the superior court. Grewal v. Dep’t of Licensing, 108 Wn. App. 815, 819, 33 P.3d 94 (2001) (citing Walk v. Dep’t of Licensing, 95 Wn. App. 653, 656, 976 P.2d 185 (1999)). The court normally reviews a DOL final order in the same manner as an appeal from a decision of a court of limited jurisdiction. Walk, 95 Wn. App. at 656. While “we may substitute our judgment for that of the administrative body, we accord substantial weight to the agency’s view of the law.” Id. Under RCW 46.20.308(9), our review is “limited to a determination of whether the department has committed any errors of law.” We are required to “accept those factual determinations supported by substantial evidence in the record: (a) That were expressly made by the department; or (b) that may reasonably be inferred from the final order of the department.” RCW 46.20.308(9).

“The implied consent law provides that a person who drives in [Washington] is considered to have consented to a test to determine the alcohol content of that person’s blood or breath if arrested for suspicion of driving under the influence of intoxicating liquor or any drugs.” Cannon v. Dep’t of Licensing, 147 Wn.2d 41, 47, 50 P.3d 627 (2002); RCW 46.20.308(1). After arrest, if a driver submits to a test with results indicating an alcohol concentration of .08 or [580]*580higher, the arresting officer must serve written notice on the person of the intent of DOL to suspend, revoke, or deny the person’s driving privileges. RCW 46.20.308(7); Cannon, 147 Wn.2d at 47. The officer must also submit a sworn report to DOL within 72 hours. RCW 46.20.308(6)(e). DOL’s receipt of the sworn report is the jurisdictional prerequisite to DOL’s power to institute license revocation proceedings. Grewal, 108 Wn. App. at 819. The parties here do not dispute that Officer Hall timely submitted a sworn report with the proper declaration.

Once DOL suspends the driver’s license, the driver is afforded an opportunity to have an administrative hearing. Cannon,

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Related

In Re Marriage of Buecking
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In re the Marriage of Buecking
316 P.3d 999 (Washington Supreme Court, 2013)
Ingram v. Department of Licensing
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In re the License Suspension of Richie
113 P.3d 1045 (Court of Appeals of Washington, 2005)
Lewis v. STATE, DEPT. OF LICENSING
105 P.3d 1029 (Court of Appeals of Washington, 2005)
Lewis v. Department of Licensing
125 Wash. App. 666 (Court of Appeals of Washington, 2005)
Alforde v. Dep't of Licensing
77 P.3d 650 (Washington Supreme Court, 2003)
Alforde v. State, Dept. of Licensing
63 P.3d 170 (Court of Appeals of Washington, 2003)

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115 Wash. App. 576, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alforde-v-department-of-licensing-washctapp-2003.