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Law digest: 10/1/12

Court of Appeals

Administrative Law, Suspension of driver’s license: Where a driver agreed to take a breathalyzer test but performed it improperly seven times, the test technician’s certification that the driver refused to take the test, accompanied by a certification that the procedure had been explained to the driver and that he appeared to be in good health, was prima facie evidence to support the Administrative Law Judge’s finding that the driver had refused to take the test by conduct. Motor Vehicle Administration v. McMillan, No. 60, Sept. Term 2010. RecordFax No. 12-0924-22, 14 pages.

Education Law, Public school construction: A county board of education, which must ordinarily procure construction services through a locally-conducted competitive bid process, may purchase roofing repair services for public schools through an intergovernmental purchasing cooperative when it acts pursuant to authority granted by the Board of Public Works in regulations authorized by the General Assembly. Building Materials Corporation of America d/b/a GAF Materials Corporation v. Board of Education of Baltimore County, No. 71, Sept. Term 2011. RecordFax No. 12-0924-20, 27 pages.

Professional Responsibility, Dismissal of petition: Although attorney may have engaged in gamesmanship and was possibly negligent in the handling of his deceased father’s hotly contended estate, the Attorney Grievance Commission’s petition for sanction was dismissed because there was no evidence of intent to defraud. Attorney Grievance Commission v. Zeiger, Misc. AG No. 28, Sept. Term 2007. RecordFax No. 12-0924-21, 16 pages.