Opinion

Locke v. Secretary of State

Court
Superior Court of Maine
Filed
Jan 8, 2018
Status
Unpublished
On the bench
William R. Stokes
Cited by
0 cases
Authority
More cited than 34.2%

The opinion

STATE OF MAINE SUPERIOR COURT

KENNEBEC, SS. CIVIL ACTION

DOCKET NO.AP-2017-34

NATHAN LOCKE,

Petitioner

DECISION AND ORDER

V.

SECRETARY OF STATE,

Respondent

The matter before the court is an appeal by the Petitioner from a decision of a

hearing officer with the Bureau of Motor Vehicles dated June 16, 2017 refusing to

rescind the administrative suspension of his driver's license for a period of 3 years,

on the basis of a report from a Cumberland County Deputy Sheriff that the

Petitioner had operated a motor vehicle with an excessive blood alcohol level on

March 17, 2017. This appeal has been brought in accordance with 5 M.R. S.

§§ 11001-11008 (Maine Administrative Procedure Act) and M.R.Civ.P. SOC.

FACTUAL SUMMARY

The sole issue before the court is whether there is substantial evidence in the

record to support the Hearing Officer's determination that the Petitioner was the

operator of the motor vehicle at the time in question.

At the administrative hearing at which the Petitioner sought to have his

license suspension rescinded, the Hearing Officer received the testimony of

Cumberland County Deputy Sheriff Marc Marion, whose police report was also

admitted into evidence as an exhibit. The Hearing Officer also heard the testimony

of Tiffany Delisle-Watson, who maintained that she, not the Petitioner, had been

driving the vehicle. At the conclusion of the evidence, the Hearing Officer made

the following findings:

So, Counsel, I mean there are a couple of things that make it

hard for me to accept the story that we heard from Ms. Delisle-Watson

today, and that is that we did have the officer testify and put in his

report that he saw a male subject leave the driver's seat, climb over the

female passenger, and exit the passenger side front door. We heard

Ms. Delisle-Watson explain that she was in the driver's seat and that

she pushed Mr. Locke to get him out of the car and somehow she ends

up in the passengers [sic] seat with the doors closed in a Hatchback

with a console in between them. I find that explanation hard to

believe. She didn't explain that she was, you know, that she'd open

the door, she'd gotten out, she'd gone around, that Mr. Locke had

gotten out. I don't find her explanation credible of that, so I - credible,

and I find that the deputy's observation, his testimony about observing

Locke in the driver's seat, climb over the passenger seat and exit the

door, I find that to be credible. The other piece of information that is

in the deputy's report is that during his contact with Mr. Locke, Mr.

Locke told him that 'He would not deny that he was the driver, but also

would not admit it.' And then I - which I certainly don't take as an

emphatic denial that he was driving. And further, the deputy testified

that he made contact with the passengers, including Ms. Delisle­

Watson and Jonah Simmons, both of whom told him on the scene at

the time during that initial encounter that Nathan was driving. So, you

know, despite the testimony of Ms. Delisle-Watson, I'm going to deny

the petition because I do find that it's more likely than not that Mr.

Locke was operating this vehicle and we have the test, so that is my

finding. (Record, "R." at Tab 5, pgs 46-48).

DISCUSSION

The Law Court has frequently reaffirmed the principle that judicial review of

administrative agency decisions is "deferential and limited." Passadumkeag

Mountain Friends v. Ed. of Envtl. Prat., 2014 ME 116, ~ 12, 102 A.3d 1181

(quoting Friends of Lincoln Lakes v. Ed. of Envtl. Prat., 2010 ME 18, ~ 12, 989

A.2d 1128). The court is not permitted to overturn an agency's decision "unless it:

violates the Constitution or statutes; exceeds the agency's authority; is procedurally

unlawful; is arbitrary or capricious; constitutes an abuse of discretion; is affected by

bias or error of law; or is unsupported by the evidence in the record." Kroger v

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Departmental o( Environmental Protection, 2005 ME. 50, ,-r 7, 870 A.2d 566. The

party seeking to vacate a state agency decision has the burden of persuasion on

appeal. Anderson v Maine Public E mployees Retirement S ystem, 2009 ME. 134, ,-r

3, 985 A.2d 501. In particular, a party seeking to overturn an agency's decision

bears the burden of showing that "no competent evidence" supports it. Stein v. Me.

Crim. Justice Academy, 2014 ME 82, ,-r 11, 95 A.3d 612.

This court must examine "the entire record to determine whether, on the basis

of all the testimony and exhibits before it, the agency could fairly and reasonably

find the facts as it did." Friends of Lincoln Lake v Board of Environmental

Protection, 2001 ME. 18 i-113, 989 A. 2d 1128. The court may not substitute its

judgment for that of the agency's on questions of fact. 5 M.R.S. § 11007(3).

Determinations of the believability or credibility of the witnesses and evidence,

supported by substantial evidence in the record, should not be disturbed by this

court. Cotton v Maine Employment Security Commission, 431 A. 2d 637, 640 (Me.

1981 ). The issue is not whether the court would have reached the same result the

agency did, but whether the "record contains competent and substantial evidence

that supports the result reached" by the agency. Seider v. Board of Examiners of

Psychologists, 2000 ME 206, ,-r 8, 762 A.2d 551 quoting CWCO, Inc. v.

Superintendent ofInsurance, 1997 ME 226, ,-r 6, 703 A. 2d 1258, 1261.

The court has no difficulty in concluding that the record contains substantial

evidence to support the Hearing Officer's finding that the Petitioner was the

operator of the vehicle. The task of assessing the credibility of the witnesses and

the weight to be given the evidence, is the exclusive province of the administrative

hearing officer. The court has no basis, or authority, to substitute its judgment for

that of the Hearing Officer who heard the witnesses live and in-person, and who

was in the best position to evaluate their believability.

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CONCLUSION

The entry is:

The Petition for Judicial Review of Final Agency Action is DENIED.

The Clerk is directed to incorporate this Order into the docket of this case by

notation reference in accordance with M.R.Civ.P. 79(a).

DATED: January 8, 2018.

il ·a

Justice, Maine Superior Court

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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