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Vette v. Director of Revenue3/25/2003
The director of revenue appeals from a judgment of the circuit court setting aside the denial of Mark Vette's application for a driver's license. The circuit court set aside the denial after finding that the agency's decision was not supported by competent and substantial evidence. This court finds that (1) the director was not required to file the record with the circuit court; (2) the circuit court applied the incorrect scope of judicial review; and (3) Mr. Vette did not meet his burden of proof. The judgment is reversed and the cause is remanded with directions to the circuit court to reinstate the director's denial of Mr. Vette's application for a driver's license and proceed on Mr. Vette's request for hardship driving privileges.
I. Factual and Procedural Background
On January 11, 2001, the director sent Mr. Vette a letter denying his application for a driver's license and informing him that he would not be eligible for a driver's license until December 28, 2009, ten years from the date of his most recent driving while intoxicated conviction. The director denied Mr. Vette's application because he had three driving while intoxicated convictions. The director based her denial on section 302.060(9), RSMo 2000, which states that a driver's license is denied for ten years " o any person who has been convicted more than twice of violating state law . . . relating to driving while intoxicated."
On February 9, 2001, Mr. Vette filed a petition in the circuit court for review of the administrative decision as permitted by section 302.311, and for issuance of a hardship driver's license. In his count for review of the administrative decision, Mr. Vette first pled his address and the address of the director. Mr. Vette next stated that the director had notified him of her decision to deny him a driver's license and he was timely filing an appeal of that decision. Finally, Mr. Vette requested that the circuit court review the director's decision under sections 302.311 and 536.140.
The clerk of court mailed the petition to the director on February 14, 2001, and the return receipt showed the director received the petition on February 16, 2001. The director filed her answer, which incorporated a certified copy of Mr. Vette's driving record, on April 23, 2001. The letter of transmittal stated that the delay in filing was due to the time necessary to obtain Mr. Vette's driving record from Nebraska. In her answer to the count for review of the administrative decision, the director stated that the agency's record revealed three convictions for offenses related to driving while intoxicated: an excessive blood alcohol content conviction in Missouri on March 10, 1993; a driving while intoxicated conviction in Nebraska on July 2, 1998; and a driving while intoxicated conviction in Nebraska on December 28, 1999. She also stated that, after investigating Mr. Vette's record, she determined it would not be safe for her to issue him a license.
The circuit court held a review hearing on June 12, 2001. Neither party presented any evidence. Instead, Mr. Vette argued that the director failed to timely file her answer and the agency's record. Representing the director, the prosecuting attorney of Atchison County agreed that the record supported Mr. Vette's allegations that the director's filing of the answer and the agency's record was untimely.
In its Amended Order and Judgment dated August 21, 2001, the circuit court held that, under section 536.130, the director had thirty days to file her answer and the agency's record, and the thirty days began to run when the director received the petition on February 16, 2001. Because it found that the director did not
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