Herrmann v. State, Idaho Transportation Department, 162 Idaho 682

Jesse Leroy Herrmann failed an evidentiary breath test on December 6, 2015, and received an ITD notice of suspension that required a written request for an administrative hearing "within seven (7) calendar days of the date of service."
Herrmann faxed a hearing request on Monday, December 14, 2015 — eight days after service if counting the first day, but falling on the seventh calendar day would have been Sunday, December 13.
ITD denied the request as untimely (asserting the deadline was December 13); Herrmann petitioned for judicial review in district court.
The district court set aside ITD’s denial and remanded for an administrative license suspension hearing.
On appeal, the only contested issue was the computation of the seven-day deadline and whether Sunday (a statutory holiday) operated to extend the deadline to Monday, December 14, 2015.
The Court concluded computation-of-time statutes apply and held Herrmann’s December 14 filing was timely; case remanded to ITD for a hearing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Herrmann’s hearing request was timely under I.C. § 18-8002A(7)	Herrmann: compute time per I.C. §§ 73-109 and 73-108 (exclude first day; include last unless last is a holiday; Sunday is a holiday) → deadline Monday Dec 14	ITD: plain meaning of “seven calendar days” yields deadline on Sunday Dec 13; filing on Dec 14 is untimely	Held: Apply §§ 73-109 and 73-108; Sunday is excluded, so deadline is Dec 14; Herrmann’s filing was timely

Marshall v. Idaho Dep’t of Transp., 137 Idaho 337, 48 P.3d 666 (discusses standard of review for agency factual findings)
Castaneda v. Brighton Corp., 130 Idaho 923, 950 P.2d 1262 (deference to agency factual findings unless clearly erroneous)
Urrutia v. Blaine Cnty., ex rel. Bd. of Comm’rs, 134 Idaho 353, 2 P.3d 738 (agency determinations binding if supported by substantial evidence)
Price v. Payette Cnty. Bd. of Cnty. Comm’rs, 131 Idaho 426, 958 P.2d 583 (party challenging agency must show specified errors and prejudice)
Hamilton ex rel. Hamilton v. Reeder Flying Serv., 135 Idaho 568, 21 P.3d 890 (four-prong test for deference to agency statutory interpretation)
J.R. Simplot Co., Inc. v. Idaho State Tax Comm’n, 120 Idaho 849, 820 P.2d 1206 (framework for considering agency deference)
Wanner v. State, Dep’t of Transp., 150 Idaho 164, 244 P.3d 1250 (affirmed waiver where petitioner failed to request hearing within seven-day period)
Page v. McCain Foods, Inc., 145 Idaho 302, 179 P.3d 265 (computation of time controlled by §§ 73-108 and 73-109; holiday postpones deadline)
Cather v. Kelso, 103 Idaho 684, 652 P.2d 188 (endorsing uniform system of computing time)