California School Employees Ass'n v. Department of Motor Vehicles

Good Law
1988 Cal. App. LEXIS 711·203 Cal. App. 3d 634·250 Cal. Rptr. 50
Court of Appeal of CaliforniaAugust 4, 1988No. F010196California3,903 words

Opinion

Lead Opinion

Martin, J.

The California School Employees Association, its Woodland chapter No. 118 and Lee Ann Schaupp (Schaupp) appeal from a judgment in favor of the California Department of Motor Vehicles (DMV) and the Certificate Action Review Board (CARB) denying a petition for writ of mandate under Code of Civil Procedure section 1094.5 to reinstate Schaupp’s school bus driver’s certificate. At issue is whether the minimum medical requirements for visual acuity can be waived and considered on a case-by-case basis or whether under the California statutes and regulations persons with less than 20/40 Snellen test visual acuity 1 are absolutely barred from issuance of a school bus certificate.

Schaupp had possessed a school bus driver’s certificate and had driven a school bus since 1972. On February 9, 1984, the DMV refused to renew her certificate. At Schaupp’s request, a hearing was held before a referee on April 10, 1984. The referee’s decision recommended Schaupp’s certificate be reinstated and the denial of her school bus certificate be set aside.

On May 4, 1984, CARB reversed the referee’s proposed decision and sustained the denial of Schaupp’s application for the certificate.

On July…

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