Menge

The trial court issued a writ of mandate requiring Sally Reed, as Director of the Department of Motor Vehicles (DMV), to set aside the DMV’s revocation of a California school bus certificate held by respondent Virginia Menge (Menge). In the DMV’s appeal of this ruling, the issue presented is whether a school bus driver, who submitted a purportedly adulterated urine specimen in a random drug test, is entitled to a hearing before the DMV, prior to the revocation of her school bus driver’s certificate. We conclude the driver is entitled to a prerevocation hearing, and we affirm the judgment.

I. Facts and Procedural History

Menge was a school bus driver employed by the San Ramon Valley Unified School District (District). She was required to possess, and did possess, a California school bus certificate issued by the DMV. (See Veh. Code, § 12517, subd. (a).) 1 Menge was also obligated to comply with the controlled substances and alcohol use and testing requirements set forth in section 382.101 et seq. of title 49 of the Code of Federal Regulations. (Veh. Code, § 34520, subd. (a).) Section 382.211 of title 49 of the Code of Federal Regulations mandates such drivers to submit…