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Originally Posted by heyday
Wouldn't this legal precept destroy an argument that the Administrative Procedures Act had not been complied with, as the DL is prescribed by statute so that the Oklahoma Department of Public Safety is likewise without descretion concerning same?
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The APA approach does not really bring up state vs. Fed; but it works under THEIR OWN presumption that it is actually state law.
If they wanted to use what you stated above, they would then have to admit that all of their money received from the feds can only apply to commercial driving enforcement
You are still putting them in an uncomfortable position w/the APA