Jack R. Kehl v. Fred C. Schwendiman

The Department of Public Safety ("the Department") appeals the district courts order reversing an administrative suspension of Jack R. Kehls (Kehls) drivers license. We hold the "residuum rule" applies to per se license suspension hearings and the administrative order to suspend Kehls license was not supported by a residuum of competent legal evidence. We therefore affirm the district courts order reinstating Kehls license.