Bollerud v. State, Department of Public Safety

929 P.2d 1283, 1997 Alas. LEXIS 4
CourtAlaska Supreme Court
DecidedJanuary 10, 1997
DocketS-6950
StatusPublished
Cited by1 cases

This text of 929 P.2d 1283 (Bollerud v. State, Department of Public Safety) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bollerud v. State, Department of Public Safety, 929 P.2d 1283, 1997 Alas. LEXIS 4 (Ala. 1997).

Opinion

OPINION

COMPTON, Chief Justice.

I. INTRODUCTION

James R. Bollerud appeals the suspension of his driver’s license. He argues that the Department of Public Safety hearing officer lacked substantial evidence to find that damages to the truck with which he allegedly collided exceeded $500, and that he was the driver of the truck which caused the accident. *1285 He also alleges he was denied due process of law. We affirm the judgment of the superior court, which upheld the suspension order.

II. FACTS AND PROCEEDINGS

Thomas Boylan’s truck was damaged in an accident with another truck. The driver of the other truck would not show Boylan his driver’s license, but did say that his name was Jim Bollerud. 1 Boylan wrote down the name and the license number of the truck. Motor vehicle records verified that Bollerud owned a truck with the license number Boy-lan had written down.

Boylan filled out a motor vehicle accident report and filed it with the Department of Public Safety (DOPS), along with a letter from State Farm Insurance Company (State Farm) indicating that his truck sustained damages in excess of $1,400 and that Bolle-rud was uninsured. DOPS then sent Bolle-rud a notice of suspension of his driver’s license, basing the suspension on safety responsibility 2 and mandatory insurance laws. 3 Bollerud requested a hearing to contest this suspension of his driver’s license.

The DOPS hearing officer upheld the suspension. Pursuant to Appellate Rule 601(b), Bollerud appealed to the superior court, which upheld the decision of the hearing officer. Bollerud appeals the decision of the superior court.

III. DISCUSSION

Bollerud challenges two findings by the DOPS hearing officer. First, he challenges the jurisdiction of DOPS over his case, claiming there was not substantial evidence supporting the hearing officer’s determination of damage. Second, he claims there was not substantial evidence supporting the finding that he and his truck were involved in the accident. Bollerud also alleges two violations of his right to due process of law.

*1286 A. Erroneous Factual Findings

Bollerud first contends that DOPS lacked jurisdiction over the case because “[t]here was no evidence in this ease to support a finding that there was damage to property exceeding $500.” The hearing officer found that the damage to Boylan’s truck exceeded $500. We review the findings of an administrative agency to determine whether they are supported by substantial evidence. Handley v. State, Dep’t of Revenue, 838 P.2d 1231, 1233 (Alaska 1992). Substantial evidence is “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Miller v. ITT Arctic Servs., 577 P.2d 1044, 1046 (Alaska 1978) (internal citation omitted).

The hearing officer had before her Boylan’s accident report and State Farm’s subrogation form, both of which indicated damages of $1,408. Also, Boylan testified as to the nature and amount of the damage to his truck, as well as the repair work that was done to it. This evidence is relevant evidence a reasonable mind might accept as adequate to support the hearing officer’s conclusion that Boylan’s truck suffered damages in excess of $500.

Bollerud also argues that there was not substantial evidence to support the hearing officer’s finding that he and his truck were involved in the accident. He claims that Boylan’s description of the driver and the track involved were vague and imprecise, and that “[t]he only positive testimony by Boylan was a name and a license plate number.” 4

Boylan testified that the driver had given him the name “Bollerud,” and that he wrote down both that name and the track’s license number. The hearing officer found Boylan the most credible of the witnesses before her. She did not find it unusual that Boylan might be unable to specify the tonnage of the track that hit him. She noted that Bollerud himself had chosen to be absent from the hearing, thereby leaving open the question of whether Boylan would have been able to identify him.

In applying the substantial evidence test, the reviewing court may not reweigh the evidence or choose between competing inferences reasonably drawn from the evidence. Wilson v. Erickson, 477 P.2d 998, 999 (Alaska 1970). The hearing officer weighed the credibility of the testimony and concluded that “Mr. Bollerud was more likely than not the driver of the vehicle.” Her conclusion that Bollerud was the other driver in the accident was supported by relevant evidence a reasonable mind might accept as adequate.

B. Due Process Claims

Bollerud contends that he was denied a meaningful hearing in violation of the Due *1287 Process Clause of the Alaska Constitution. 5 A driver’s license “constitutes an important property interest which is protected under the state due process clause.” Thorne v. Department of Pub. Safety, 774 P.2d 1326, 1329 (Alaska 1989) (internal citation omitted).

Bollerud claims that the hearing he received was defective because (1) he was denied the opportunity to meaningfully confront and cross-examine witnesses, and (2) he was denied an impartial hearing officer. “Issues of constitutional interpretation are questions of law which this court reviews de novo.” Revelle v. Marston, 898 P.2d 917, 925 n. 13 (Alaska 1995).

With regard to Bollerud’s first claim, he asserts he was denied due process of law because (1) he was denied the opportunity to confront the estimator from State Farm, and (2) he was denied the right to cross-examine Boylan effectively, completely, and meaningfully on the amount of actual damage.

Bollerud’s claim he was denied the opportunity to confront the State Farm estimator fails. At the hearing, he could have called the estimator, or any other expert, to rebut the damage claim. He simply failed to avail himself of this opportunity.

Bollerud also asserts he was not allowed to confront Boylan on the issue of damage. In defending against the loss of his driver’s license, a driver should be able to present evidence regarding the amount of damage, since this evidence is relevant to establishing DOPS authority to suspend his license.

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Bluebook (online)
929 P.2d 1283, 1997 Alas. LEXIS 4, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bollerud-v-state-department-of-public-safety-alaska-1997.