State ex rel. Motor Carrier Serv., Inc. v. Rankin
Annotate this CaseRelator, a trucking company, sought a writ of mandamus compelling Respondents, the Bureau of Motor Vehicles (BMV) Registrar and the Department of Public Safety Director, to provide an unredacted, noncertified copy of the driving records of the trucking company's employee at cost. This case was consolidated with a direct appeal from the Tenth District Court of Appeals involving the same parties and the same issues but a different driving record. The BMV refused to provide the copies at cost but instead, following the BMV rule, required Relator to specify the basis for its entitlement to an unredacted copy and to pay a $5 fee for a certified copy. Relator claimed it should be able to receive an unredacted copy at cost under the Public Records Act. The Supreme Court affirmed the Tenth District in one case and denied the writ in the other case, holding (1) the BMV properly promulgated the rule at issue under its rule-making procedure; and (2) therefore, disclosure of the records was prohibited under the Driver's Privacy Protection Act and its counterpart in Ohio unless Relator could demonstrate a permissible use.
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