In Frase v. Gourley (2000) 85 Cal.App.4th 762, DMV suspended Frase's license following an admin per se hearing. Frase filed a petition for a writ of administrative mandate. DMV was unable to produce substantial portions of the hearing record for review by the superior court. Specifically, DMV erased, and thus could not produce, the testimony of two witnesses at the hearing--Frase and his expert. The deputy attorney general assigned to the case offered to have a new hearing conducted at DMV's expense, but DMV refused. The trial court set aside the suspension, and the Court of Appeal affirmed the trial court. (Frase, supra, 85 Cal.App.4th at pp. 764-767.) The Court of Appeal noted that DMV has the burden of providing and certifying a record of the admin per se hearing to the trial court. However, if DMV "does not maintain a record which is adequate for judicial review it may choose, for example, to set aside the order, reconstruct the record, prepare a summary of the facts, or hold a new hearing. On the other hand, if it fails to maintain an adequate record and then refuses to assist the petitioner in compiling the record, 'the agency can be foreclosed from disputing petitioner's statement of fact' or the court may set aside the order of suspension on that basis." ( Frase, supra, 85 Cal.App.4th at p. 765.) In Frase, DMV produced an administrative record that was missing key components and refused to take any reasonable steps to create a new or complete record. Accordingly, the Court of Appeal had no difficulty upholding the trial court. ( Id. at pp. 766-767.)