We have a number of clients waiting for a decision on their review hearing with the OSMV. We are also fielding many calls and emails from people who conducted their own hearing or had another law office conduct the hearing, and have yet to receive a decision from the OSMV.
This is what we know:
The adjudicators have been instructed to conduct hearings, but to not render decisions until they have been further instructed on how to decide the cases. We guess what this means is that they can review the evidence and make notes, but not give a decision.
You are thinking that this is absurd. We think so too.
The Motor Vehicle Act gives the adjudicator the option of postponing giving a decision.
You are thinking that this is absurd. We think so too.
The Motor Vehicle Act also gives the adjudicator the option of temporarily re-instating the BCDL pending the release of the review decision.
Now, here’s the tricky part: Until a day ago, for the clients for whom we conducted the review and the decision was adjourned we have had their BCDL temporarily re-instated. But, people who are contacting our office, who weren’t represented by a lawyer are telling us that they are not getting their license back in the interim, even if the decision should have been issued last week.
One person contacted us and reported that she phoned the OSMV wondering where her decision was and was told that the OSMV will not be issuing licenses and will also not be rendering decisions and that she would “have to live with it.”
You are thinking that this is absurd. We think so too.
If you’re waiting for a decision from them, and they just don’t want to render it because it means you get you license back, it’s particularly reprehensible. To us, this is a particularly good example of the slippery slope when you grant too much discretion to a government body.
Motor Vehicle Act s.215.5(7) allows the adjudicator to adjourn your case without limit, and subsection (8) states that they “may” stay the driving prohibition.
What this means is that they can simply refuse to render a decision for the entire prohibition period.
If you thought the Government wasn’t this creepy, think again. They wrote the legislation, and this is the way they’ve used it.
We will make sure that this is dealt with in Court relatively quickly. In the meantime, think of this as an example of what can go wrong when you allow the Government to have too much discretionary power.
If you’re in this situation, and you don’t mind being on TV, call one of the media outlets that have been following the IRP story. We’re sure that this is newsworthy.