Lavik v. DMV

  • Filed: 10/17/2011
  • Status: Closed
  • Latest Update: Oct 17, 2011
Placeholder image

Summary

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

Attorney(s):
Albin Moser & Melissa Braatz

News & Commentary

Feb 09, 2012

ACLU Settles Suit With DMV Over License Reinstatement Rule

The RI ACLU today announced the favorable settlement of a lawsuit against the Division of Motor Vehicles, which had refused to reinstate a person’s driver’s license based on a “policy” that appeared nowhere in the agency’s rules and regulations. The lawsuit, filed in R.I. Superior Court by ACLU volunteer attorneys Albin Moser and Melissa Braatz on behalf of Warwick resident Marc Lavik, had argued that the DMV’s actions violated the Administrative Procedures Act (APA), an important state law that requires agencies to provide advance notice and a comment period before adopting policies that affect members of the public.

Placeholder image
Oct 17, 2011

ACLU Sues DMV Over License Reinstatement Rule; Challenges Agency "Making Rules Up As They Go Along"

The RI ACLU has today filed 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 by ACLU volunteer attorneys Albin Moser and Melissa Braatz 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.

Placeholder image

Learn More About the Issues in This Case

Due Process Government Transparency View All Issues

Related News & Podcasts

News & Commentary
Feb 09, 2012
Placeholder image
  • Due Process

ACLU Settles Suit With DMV Over License Reinstatement Rule

The RI ACLU today announced the favorable settlement of a lawsuit against the Division of Motor Vehicles, which had refused to reinstate a person’s driver’s license based on a “policy” that appeared nowhere in the agency’s rules and regulations. The lawsuit, filed in R.I. Superior Court by ACLU volunteer attorneys Albin Moser and Melissa Braatz on behalf of Warwick resident Marc Lavik, had argued that the DMV’s actions violated the Administrative Procedures Act (APA), an important state law that requires agencies to provide advance notice and a comment period before adopting policies that affect members of the public.
News & Commentary
Oct 17, 2011
Placeholder image
  • Due Process

ACLU Sues DMV Over License Reinstatement Rule; Challenges Agency "Making Rules Up As They Go Along"

The RI ACLU has today filed 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 by ACLU volunteer attorneys Albin Moser and Melissa Braatz 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.