OKLAHOMA CITY — Gov. Mary Fallin quietly signed an executive order that appears to override some provisions of a new drunken-driving law, and at least one backer of the changes isn’t pleased.
Fallin signed legislation this month containing provisions that abolished the appeals process for people to try to keep their licenses after being arrested, The Oklahoman (http://bit.ly/2s5r3PN ) reported. Several DUI defense attorneys were concerned the changes could give the Public Safety Department permission to annul someone’s license without providing them to challenge the action.
Fallin addressed that concern in the executive order she signed last week. The order re-established individuals’ rights to administrative hearings before the department can revoke licenses, absent another due-process procedure.
The bill’s authors questioned whether the order was necessary and said they were annoyed Fallin made the change without consulting them.
One of them, Republican Sen. Kim David of Porter, said she didn’t know about Fallin’s executive order until receiving a call from The Oklahoman several days after it was signed.
“It would have been nice if someone had reached out to me and voiced those concerns to me, but they did not,” David said.
She said abolishing the civil appeals process was something the Legislature aimed to do.
“It looks like she’s trying to put that administrative process right back in, which I have some concern about and so does the Department of Public Safety,” David said.
The Department of Public Safety’s administrative appeals process allows people arrested for drunken driving to continue operating a vehicle while appeals are pending on their license revocations.
Information from: The Oklahoman, http://www.newsok.com