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SPIRES SUBARU, INC. v. DMV

90163; A117559.

71 P.3d 103 (2003)

188 Or. App. 104

SPIRES SUBARU, INC., dba Spires Subaru Isuzu, Petitioner, v. DRIVER AND MOTOR VEHICLE SERVICES DIVISION (DMV), Respondent.

Court of Appeals of Oregon.

Decided June 5, 2003.

Attorney(s) appearing for the Case

Benjamin Debney argued the cause for petitioner. On the briefs were Craig A. Nichols, Portland, and Nichols & Associates.

Denise G. Fjordbeck, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before EDMONDS, Presiding Judge, and KISTLER and SCHUMAN, Judges.

SCHUMAN, J.

The Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) levied a civil penalty against petitioner, an automobile dealership, and suspended its dealer's license for three years. On judicial review, petitioner contends that DMV's order is unlawful because the agency did not consult with the Oregon Dealer Advisory Committee (ODAC) before imposing discipline and because DMV misinterpreted a statute so as to impose duplicative...

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