Massachusetts Lawyer

Ronald E. Ormsby v. Board of Appeals on Motor Vehicle Liabilities,
SUPERIOR COURT OF MASSACHUSETTS,
AT BARNSTABLE 2005 Mass.
June 30, 2005, Decided

Operating under the influence of liquor and negligent operation under G.L.c. 90, § 24G. Upon receipt of the District Court disposition, the Registry initially suspended Ormsby’s license for a period of ten (10) years, effective November 2, 1991.  On December 30, 1998, however, the Registry sent a second notice to Ormsby, informing him that his ten-year suspension was being enhanced to a lifetime revocation due to the discovery of the prior OUI conviction. Ormsby subsequently appealed to the Board, which in turn upheld the Registry’s decision.

Whether the Board’s actions are in excess of authority and jurisdiction, based upon an error of law, unsupported by substantial evidence, and arbitrary and capricious?

In reviewing the agency decision, this Court is to give due weight to the agency’s expertise, technical competence, specialized knowledge, and the discretionary authority conferred upon it by statute.

The court held that “both the Registry and the Board applied their expertise and made a statutory interpretation based upon both the plain language of G.L.c. 90, § 24(1)(c)(4) and a 1962 Attorney General’s Advisory Opinion interpreting that same statutory language. Moreover, this Court’s own reliance on the McCormack advisory opinion suggests that the Board’s decision rested on a legally tenable ground.  Because the Board’s decision rested on a legally tenable ground, it properly upheld the lifetime revocation.

Disclaimer:

These summaries are provided by the SRIS Law Group.  They represent the firm’s unofficial views of the Justices’ opinions.  The original opinions should be consulted for their authoritative content

Originally published here.