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Caretto v. Arizona Department of Transportation2/17/1998
iption Costs
ADOT requests that we remand to the superior court for a determination regarding reimbursement of the state's costs for preparation of the record. Because A.R.S. section 12-912 (1992) authorizes the superior court to award "reasonable" transcription costs to a prevailing defendant agency, we grant ADOT's request.
CONCLUSION
The superior court erred as a matter of law in concluding that the record did not support the ALJ's findings. We therefore vacate the superior court's decision, reinstate the ALJ's decision, and remand to the superior court for proceedings concerning reimbursement of the state's transcription costs.
James B. Sult, Judge
Concurring
Jefferson L. Lankford, Presiding Judge
William F. Garbarino, Judge
Page 1 2 3 4 5 6 Arizona DUI Attorneys
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