Shepherd v. Department of Revenue

• Decision Date: 06 April 1964
• Docket Number: No. 23987,23987
• Citation: 377 S.W.2d 525
• Parties: William Perry SHEPHERD, Appellant, v. DEPARTMENT OF REVENUE of the State of Missouri et al., Respondents.
• Court: Missouri Court of Appeals

Page 525

377 S.W.2d 525

William Perry SHEPHERD, Appellant, v. DEPARTMENT OF REVENUE of the State of Missouri et al., Respondents.

No. 23987.

Kansas City Court of Appeals, Missouri.

April 6, 1964.

O. E. Brown, Sedalia, for appellant.

Thomas F. Eagleton, Atty. Gen., John H. Denman, Asst. Atty. Gen., Jefferson City, for respondents.

HUNTER, Judge.

The director of revenue, charged with the duty of revoking vehicle operating privileges under the 'point system' (See Section 302.304, V.A.M.S.) ¹ revoked plaintiff-appellant's chauffeur's license for a twelve month period.

Plaintiff, William Perry Shepherd, filed a petition for review in the circuit court of the county of his residence, Pettis County, under Section 536.100 et seq., of the Administrative Review Act, Chapter 536, as provided for by Section 302.311, joining as defendants 'Department of Revenue of the State of Missouri, Safety Responsibility Unit, P.O. Box 506, Jefferson City, Missouri, H. J. Turnbull, Supervisor, and A. C. Abbott'. The cause was tried by the circuit judge and judgment was rendered affirming the order of the director of revenue. Plaintiff appealed to the Supreme Court, and that court, after noting there was no constitutional question raised, or other matter that gave that court jurisdiction, transferred the appeal to this court. In so ruling the Supreme Court said, 'Examining the matter of jurisdiction sua sponte, as it is our duty to do, we find no ground for the exercise of jurisdiction by this Court. Neither the Department of Revenue of the State of Missouri nor the safety responsibility unit of that department, is a 'state officer' within the meaning of the constitutional provision. Defendant H. J. Turnbull is named in the caption as supervisor of the safety responsibility unit, and defendant A. C. Abbott is sued in his individual capacity. The Missouri Blue Book 1961-1962 lists H. J. Turnbull as supervisor of driver's license registration, not supervisor of safety responsibility. According to that publication A. C. Abbott was supervisor of the safety responsibility unit. The supervisors of these divisions of the department of revenue are not state officers'. See, Shepperd v. Department of Revenue of the State of Missouri, Mo., 370 S.W.2d 381.

Chapter 302, RSMo 1959, controls the requirement of, the issuance of and the suspension and revocation of drivers and chauffeurs licenses. A study of that chapter reveals that it is the Director of Revenue, in his official capacity as a state officer, who has the ultimate duty and responsibility for the issuance, suspension and revocation of such licenses. The statute mentions no other person or agency in this connection, and the authority granted by the statute is specifically to him in his official capacity and as a state officer.

Illustrative of the above statement are: Section 302.120 '1. The director of revenue shall file every application for a license * * *.' Section 302.171 'Application for a chauffeur's license or a motor vehicle operator's license shall be made upon an approved form furnished by the director'. Section 302.177 '1. To all applicants for chauffeur's license who submit a satisfactory application and meet the requirements set forth in this chapter, the director shall issue or renew a chauffeur's license * * *.' Section 302.225 '2. Whenever any person is convicted of any offense or series of offenses for which this chapter makes mandatory the suspension or revocation of the operator's or chauffeur's license of such person by the director * * *.' Section 302.281 'The director shall suspend the license' for an unsatisfied judgment. Section 302.291 'The director' may require examination to determine if one is incompetent or unqualified. Section 302.301 'The director' may impose restrictions on licenses. Section 302.302 'The director of revenue shall put into effect a point system for the suspension and revocation of chauffeurs' and operators' licenses'. Section 302.304 'The director shall' suspend or revoke for accumulated points in excess of the allowed minimum number. Section 302.309 'The director of revenue' may return licenses at end of period of suspension or revocation.

While Section 302.010 'Definitions' provides '(5) 'Director', the director of revenue acting directly or through his authorized officers and agents' it is clear that this merely recognizes that he may perform certain of his work by authorized employees, who in final concept act for and on his behalf.

Of particular interest are the provisions of Section 302.311: 'In the event an application for a license is denied or withheld, or in the event that a license is suspended or revoked by the director, the applicant or licensee so aggrieved may appeal to the circuit court of the county of his residence in the manner provided by chapter 536, RSMo., for the review of administrative decisions at any time within thirty days after notice that a license is denied or witheld or that a license is suspended or revoked. Upon such appeal the cause shall be heard de novo and the circuit court may order the director to grant such license, sustain the suspension or revocation by the director, set aside or modify the same, or revoke such license. Appeals from the judgment of the circuit court may be taken as in civil cases. The prosecuting attorney of the county where such appeal is taken, shall appear in behalf of the director, and prosecute or defend, as the case may require'.

In the case...