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Rhode Island Affiliate, American Civil Liberties Union

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Due Process Court Cases

Open Government Court Cases

Lavik v. DMV

DUE PROCESS AND OPEN GOVERMENT.  (2011-2012)

A lawsuit challenging the Division of Motor Vehicle’s actions in refusing to reinstate a person’s driver’s license based on a “policy” that appears nowhere in the agency’s rules and regulations. The lawsuit, filed in R.I. Superior Court on behalf of Warwick resident Marc Lavik, argues that the DMV’s actions are in violation of the Administrative Procedures Act (APA), an important state law that requires agencies to provide advance notice and a public comment period before adopting policies that affect members of the public.

Cooperating Attorneys: Albin Moser and Melissa Braatz

Documents:

Lawsuit

News Releases:

February 9, 2012 - ACLU Settles Suit With DMV Over License Reinstatement Rule

October 17, 2011 - ACLU Sues DMV Over License Reinstatement Rule; Challenges Agency "Making Rules Up As They Go Along"


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