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SHEWACK v. COM., DEPT. OF TRANSP.

No. 1417 C.D. 2009

993 A.2d 916 (2010)

Daniel M. SHEWACK v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant.

Commonwealth Court of Pennsylvania.

Decided April 14, 2010.

Attorney(s) appearing for the Case

Philip M. Bricknell, Asst. Counsel and Harold H. Cramer, Asst. Chief Counsel, Harrisburg, for appellant.

Bruce S. Miller, Hazleton, for appellee.

BEFORE: LEADBETTER, President Judge, SIMPSON, Judge, and McCULLOUGH, Judge.

OPINION BY Judge SIMPSON.

In this statutory appeal, the Department of Transportation, Bureau of Driver Licensing (PennDOT) asks whether the Court of Common Pleas of Luzerne County (trial court) erred in sustaining Daniel M. Shewack's (Licensee) appeal of the one-year disqualification of his commercial driver's license (CDL). PennDOT imposed the disqualification pursuant to Section 1611(h) of the Uniform Commercial Driver...

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