Costa v. Registrar of Motor Vehicles, 87-73-M

• Decision Date: 08 July 1988
• Docket Number: No. 87-73-M,87-73-M
• Citation: 543 A.2d 1307
• Parties: 47 Ed. Law Rep. 1026 Sandra COSTA v. REGISTRAR OF MOTOR VEHICLES. P.
• Court: Rhode Island Supreme Court

Page 1307

543 A.2d 1307

47 Ed. Law Rep. 1026

Sandra COSTA v. REGISTRAR OF MOTOR VEHICLES.

No. 87-73-M.P.

Supreme Court of Rhode Island.

July 8, 1988.

George L. Santopietro, Mark Thomas Buben, Coia & Lepore, Ltd., Providence, for plaintiff.

Joseph M. Rameka, Special Counsel, Dept. of Transp., for defendant.

OPINION

KELLEHER, Justice.

This is an appeal by the State Registrar of Motor Vehicles from an order of a District Court justice to return a chauffeur's license to Sandra Costa (Costa), who, prior to the registrar's suspension, had been employed as a schoolbus driver. The registrar's appeal has been taken pursuant to the pertinent provisions of G.L. 1956 (1984 Reenactment) chapter 35 of title 42.

Costa's schoolbus permit and chauffeur's license were suspended following a high-speed chase involving Costa and the Cranston police on the evening of February 9, 1986. Costa was charged with "eluding a police officer." This charge was subsequently dismissed by a District Court justice in early April 1986. However, information contained in the police report caused the registry to be concerned about Costa's suitability as a schoolbus driver. The report contained information that approximately one month before the chase episode, Costa had suffered a "seizure" and "blacked out" while working as a schoolbus driver.

As a result of this information, her license was suspended on March 14, 1986. She requested a hearing for the purposes of rescinding or "staying" the suspension pending a decision by the registry's medical advisory board. ¹ Subsequently, in late April 1986, Costa was notified that the registry's medical advisory board had reviewed her medical records and recommended that Costa's chauffeur's license be suspended.

Costa invoked the provisions of § 42-35-15, as amended by P.L. 1984, ch. 183, § 2, and appealed the suspension order to the District Court alleging that the registrar's decision was not only clearly erroneous "in view of the reliable, probative and substantial evidence on the whole record" and but also "otherwise arbitrary or capricious."

After oral arguments were presented on Costa's behalf, the District Court justice remanded the case to the registrar for the purposes of clarifying the grounds on which the medical advisory board relied when it recommended the suspension.

The information sought was forwarded to the District Court justice in early December 1986. Oral argument was again scheduled, and at its conclusion the District Court justice indicated that he would publish a written decision. In early February 1987 the trial justice, in a written decision, vacated the registry's suspension order and directed the registrar to reinstate Costa's chauffeur's license.

It should be noted that the registry issues two types of licenses--one is an operator's license that permits its possessor to operate a private passenger motor vehicle ² and the other is a chauffeur's license that is issued to operators of motor vehicles other than private passenger automobiles or motorcycles. There are three categories of chauffeur's licenses. A class 1 license is granted for the operation of a jitney, bus, schoolbus, or public livery; a class 2 license is required by anyone seeking to operate a truck having a carrying capacity in excess of five tons; a class 3 license enables its possessor to operate vehicles having a capacity of five tons or more as well as tractor trailers.

The record considered by the trial justice consisted of the police report of the February 1986 chase, a summary of what took place before the medical advisory board, a report submitted by the physician who had examined Costa at the request of her employer, as well as a report by a neurologist, which had apparently been given at the request of Costa's counsel. The police report, as noted earlier, contained information regarding Costa's having experienced a "seizure" and the fact that she "blacked out" while driving a schoolbus.

An interoffice memo prepared by the registry's chief of operator control served as the source of what happened before the medical advisory board. The memo reports the board's concern that children on a bus could create a stressful situation for Costa that would adversely affect her behavior. Reference is also made to the board's long-standing policy of adhering to a higher degree of responsibility on the part of one who holds a chauffeur's license.

In his report the physician who had examined Costa at the request of her employer referred to an examination conducted by a neurologist and expressed the belief that "there really is no more reason why [Costa] should not be allowed to continue in her present employment as a schoolbus driver." The neurologist's report consists of a letter in which the physician responds to each of twelve questions asked of him by Costa's counsel. His relevant responses indicate that even though Costa might have had seizures in the past, the January 1986 episode was the result of an anxiety attack rather than a seizure. He thought the prognosis was good and that the patient "could operate a motor vehicle."

The trial justice faulted the actions of the medical advisory board for its failure either to interview or to examine Costa. In finding that the record before the registrar failed to contain sufficient evidence that would support a suspension, the trial justice pointed out that although the two doctors' reports before the registrar mentioned a "blackout" and an irregular EEG pattern, each physician was of the belief that notwithstanding these factors, Costa was physically able and mentally competent to operate a motor vehicle. The trial justice also stressed the fact that one of the doctors specifically found Costa capable of resuming her employment as a schoolbus driver. He also emphasized the lack of any suggestion of a continuing or potentially recurring adverse-behavior problem in light of the allegations contained in the Cranston police report.

Subsequently, in February 1987, a judgment was entered in the District Court overruling the suspension and directing Costa's chauffeur's license to be reinstated.

The scope of judicial review of administrative-agency decisions is limited by § 42-35-15(g). A court must not substitute its judgment for that of the agency in regard to the credibility of the witnesses or the weight of the evidence concerning questions of fact. However, an administrative decision can be vacated if it is clearly erroneous in view of the reliable, probative, and substantial evidence contained in the whole record. Newport Shipyard, Inc. v. Rhode Island Commission for Human Rights, 484 A.2d 893 (R.I. 1984).

The issue before us is whether the District Court justice erred in ruling that the registrar's decision was not supported by sufficient evidence. The registrar, for his part, argues that there is ample evidence to support the medical advisory board's recommendation, emphasizing the police report notation that Costa, "while on duty as a bus driver, suffered a blackout." Costa, on the other hand, argues that there was no medical evidence to substantiate the decision to suspend. Rather, she suggests, the registrar's...