Does the independent judgment test apply to a motor vehicle department hearing?
California, United States of America
The following excerpt is from James v. State ex rel. Dept. of Motor Vehicles, 267 Cal.App.2d 750, 73 Cal.Rptr. 452 (Cal. App. 1968):
In Finley v. Orr, 262 A.C.A. 711, 69 Cal.Rptr. 137, the court cited Hohreiter v. Garrison, 81 Cal.App.2d 384, 401--[267 Cal.App.2d 753] 402, 184 P.2d 323. Hohreiter applies the 'independent judgment' test to an insurance commissioner hearing and Orr, by implication holds that test applicable to a motor vehicle department hearing.
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