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13 N.J.A.R. 769

Motor Vehicles, Division of v. Granziel, Richard R., Jr
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Citation: 13 N.J.A.R. 769
Decision Date: 1988
Synopsis: The Division of Motor Vehicles suspended respondent's driving privileges because of his epilepsy and ordered that respondent would have to be seizure-free for one year before he could reapply for a license. Respondent requested a hearing and the matter was trans- mitted to the Office of Administrative Law. The administrative law judge found that respondent was subject to convulsive seizures and had experienced a seizure less than one year before his license was suspended. Accordingly, because Division regu- lations require a person to be seizure-free for one year to be qualified for a license, the judge agreed that respondent's license should be suspended _indefinitely. Although the judge noted that the one-year requirement was a rebuttable presumption, she also concluded that respondent posed a driving risk because of the short duration of time between the onset of his seizures and loss of consciousness. Upon review, this initial decision was adopted by the Director of the Division of Motor Vehicles. After respondent requested re- consideration, the Director issued another opinion affirming the initial and final decisions. In this opinion, the Dirctor concluded that the one-year presumption was a reasonable balancing of the rights of epileptics and the public interest in highway safety. The Appellate Division affirmed. The court held that the one- year rule is a rebuttable presumption and the burden of persuasion is on the driver. Gary K. Sambol, Deputy Attorney General, for petitioner (W. Cary Edwards, Attorney General of New Jersey, attorney) Ruth A. Lowenkron, Staff Attorney, Community Health Law Project, for respondent (Harold B. Garwin, Esq., Executive Director)
Rule(s) Cited: 13:19-5.1 et seq. 
Statute(s) Cited: 39:3-10 39:5-30