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MACKS v. DEPT. OF EDUCATION

58105300060810; A139118.

250 P.3d 394 (2011)

241 Or. App. 333

Dawn M. MACKS, Petitioner, v. DEPARTMENT OF EDUCATION, Respondent.

Court of Appeals of Oregon.

Decided March 2, 2011.

Attorney(s) appearing for the Case

Elizabeth A. Joffe, Portland, argued the cause for petitioner. With her on the briefs were Margaret S. Olney and McKanna Bishop Joffe & Arms, LLP.

Joanna L. Jenkins, Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger, Attorney General, and Erika L. Hadlock, Acting Solicitor General.

Before WOLLHEIM, Presiding Judge, and SERCOMBE, Judge, and DUNCAN, Judge.

DUNCAN, J.

Petitioner seeks judicial review of an order issued by respondent, the Department of Education, revoking her school bus driver's certificate. The department issued the order pursuant to OAR 581-053-0006(8)(c)(B), which provides that a school bus driver's certificate "shall be suspended or revoked" if the driver has been "convicted of a crime involving * * * [a] threat of violence[.]" The department revoked petitioner's school bus driver's certificate based...

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