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Commonwealth Transportation Cabinet v. Mohney2/21/2003
te Mohney's operator's license. The Cabinet takes the position that it cannot issue a driver's license to any person whose driving privilege has been revoked or suspended in another state until it receives proof that such period of suspension or revocation has expired. Since Florida law requires permanent revocation for any person who has four or more DUI convictions, the Cabinet contends that it is not authorized to issue a new or renewal license to Mohney. The Cabinet further argues that the district court lacked jurisdiction to order it to reinstate Mohney's license.
We agree with the Cabinet on the jurisdictional question. The district court is a court of limited jurisdiction and may exercise original jurisdiction only as provided by the General Assembly. KRS 186.580(1) allows any person who has been refused an operator's license by the circuit clerk to appeal to the Cabinet. Subsection (2) further provides that:
If any person is aggrieved by any final order of the cabinet relating to the denial, revocation, suspension, or cancellation of an operator's license or motorcycle operator's license other than orders of revocation or suspension when the facts render revocation or suspension mandatory, he may file a petition for judicial review in the Circuit Court of the county in which he resides, or the Franklin Circuit Court in accordance with KRS Chapter 13B.
Based on this statutory scheme, we conclude that the district court does not have jurisdiction to review the Cabinet's denial of a driver's license, or to order the Cabinet to issue or reinstate an administratively revoked license. Rather, KRS 186.580(2) vests such jurisdiction in the circuit court. Furthermore, the Cabinet was not even a party to the action at the time the district court entered its order. Consequently, the district court erred when it ordered the Cabinet to reinstate Mohney's license. Because the remaining issues are not properly presented in this appeal, we decline to further discuss whether the Cabinet properly exercised its authority to revoke Mohney's license.
Accordingly, the judgment of the Graves Circuit Court which affirmed the order by the Graves District Court is reversed, and this matter is remanded to the Graves Circuit Court with directions to enter an order vacating the district court's order to the extent that it requires the Cabinet to reinstate Mohney's driver's license.
ALL CONCUR.
Page 1 2 Kentucky DUI Attorneys
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