Gates v. Department of Motor Vehicles

Opinion

SCOTT, J.

Appellant Department of Motor Vehicles revoked respondent’s automobile dismantler’s license for various violations of the Vehicle Code regulating the activities of automobile dismantlers. (Veh. Code, §§ 11500-11520.) After the revocation of his license, respondent petitioned for a writ of mandamus requesting that the Department of Motor Vehicles be ordered to set aside its decision. The trial court found that the delay from the investigation to the accusation and to the hearing was unreasonable and without justification, and that the respondent was prejudiced thereby, and ordered the proceedings dismissed. The DMV appeals the judgment granting the writ of mandate.

Respondent Peter C. Gates was doing business as an automobile dismantler in Watsonville, under the name of Buena Vista Auto Wreckers. Because of prior violations he was operating under a probationary dismantler’s license. On July 30, 1974, DMV investigators made an unannounced inspection of Gates’ office, records, wrecking yard, car inventory, and place of business. Follow-up visits were made on August 5 and 15, 1974. On August 21, 1974, a complete report was made to the DMV setting forth the details of the alleged violations which became the subject of the proceedings to revoke Gates’ dismantler’s license. The charges against respondent included his alleged failure to surrender to the DMV documents evidencing ownership and license plates of vehicles, as required by the Vehicle Code. He was also accused of falsely reporting that he had destroyed the license plates of certain vehicles and of dismantling certain vehicles without waiting for the prescribed period, as required by the Vehicle Code. He was also charged with commingling storage vehicles and dismantled vehicles, in violation of the Vehicle Code. The DMV did not commence administrative action to revoke respondent’s license until December 1, 1975. Revocation hearings were commenced March 25, 1976.

[924]

The DMV investigator who inspected respondent’s yard had no independent recollection of the circumstances surrounding particular vehicles, the description of the vehicles, and violations in connection with those vehicles. His testimony was based on the report that he had prepared and filed with the department. Respondent and his wife, who was the bookkeeper for the business, could not recall the circumstances surrounding the dismantling of the particular vehicles involved. The DMV made no explanation for the delay between August 21, 1974 and December 1, 1975, in filing the accusations against respondent. During the period between December 1, 1975 and the commencement of administrative hearings in March of 1976, respondent was responsible for a 30-day delay.